1-1     By:  Madla, Wentworth, Zaffirini, Luna                 S.B. No. 872

 1-2           (In the Senate - Filed February 28, 1997; March 5, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 1, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 1, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 872                     By:  Cain

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the retirement system for firefighters and police

1-11     officers in certain municipalities.

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

1-13           SECTION 1.  Section 1.02, Chapter 824, Acts of the 73rd

1-14     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

1-15     is amended to read as follows:

1-16           Sec. 1.02.  Definitions.  In this Act:

1-17                 (1)  "Active member" means a fire fighter or police

1-18     officer who is a current contributing member of the fund.

1-19                 (2)  "Average total salary" means the aggregate total

1-20     salary, as defined by Subdivision (17) of this section, received by

1-21     a member during the three years of the five-year period ending on

1-22     the date of the member's service or disability retirement or death

1-23     in which the member's total salary is highest, divided by three.

1-24                 (3)  "Beneficiary" means the surviving spouse,

1-25     dependent child, or dependent parent of a deceased member or

1-26     retiree.

1-27                 (4)  "Board" means the board of trustees of a fund to

1-28     which this Act applies.

1-29                 (5)  "Code" means the United States Internal Revenue

1-30     Code of 1986.

1-31                 (6)  "Department" means the fire department of a

1-32     municipality to which this Act applies, the police department of a

1-33     municipality to which this Act applies, or both the fire department

1-34     and the police department of such a municipality.

1-35                 (7)  "Dependent child" means a person under age 18, or

1-36     a totally disabled person, whose natural or adoptive parent is a

1-37     deceased member or deceased retiree if, for the year immediately

1-38     preceding the death of the member or retiree, the deceased member

1-39     or retiree claimed the person as a dependent on the member's or

1-40     retiree's federal income tax return.

1-41                 (8)  "Dependent parent" means a person who is the

1-42     natural parent of a deceased member or deceased retiree or who

1-43     adopted a deceased member or deceased retiree before the deceased

1-44     member's or retiree's 18th birthday if, for the year immediately

1-45     preceding the death of the member or retiree, the deceased member

1-46     or retiree claimed the person as a dependent on the member's or

1-47     retiree's federal income tax return.

1-48                 (9)  "Fire fighter" means an employee of the fire

1-49     department who is classified as a fire fighter by the personnel

1-50     department of the municipality.

1-51                 (10) [(2)]  "Fund" means the fire fighters and police

1-52     officers pension fund of a municipality to which this Act applies.

1-53                 (11)  "Member" means a fire fighter or police officer

1-54     who has become a member of the fund as provided by Section 4.01(a)

1-55     of this Act and has not retired, died, or forfeited the person's

1-56     interest in the fund.

1-57                 (12)  "Police officer" means an employee of the police

1-58     department who is classified as a police officer by the personnel

1-59     department of the municipality.

1-60                 (13)  "Retiree" means a member who has terminated

1-61     employment with the department with a right to a service retirement

1-62     pension as provided by Section 5.01 of this Act or a disability

1-63     retirement pension as provided by Section 5.03 of this Act.

1-64                 (14)  "Retirement" means the period that a retiree is

 2-1     entitled to receive service retirement benefits or disability

 2-2     retirement benefits.

 2-3                 (15) [(3)]  "Retirement annuity" means monthly pension

 2-4     benefits payable to a retiree.

 2-5                 (16) [(4)]  "Surviving spouse" means a widow or a

 2-6     widower of a member or retiree who was married to the member or

 2-7     retiree at the time of the member's or retiree's death.

 2-8                 (17) [(5)]  "Total salary" means all salary of a

 2-9     member, except:

2-10                       (A)  [excluding] overtime pay, [and, for police

2-11     officers, excluding] field training officer's pay [and standby

2-12     pay], [which includes] bomb squad pay, SWAT team pay, K-9 pay, and

2-13     hostage team pay; and

2-14                       (B)  pay for unused accrued vacation and sick

2-15     leave, holiday pay, compensatory time pay, and bonus days leave, or

2-16     any similar items of compensation that may be paid in the future.

2-17                 (18)  "Years of service" means a member's total years

2-18     of service, including fractional years or full months of service,

2-19     computed as provided by Section 5.01(e) of this Act.

2-20           SECTION 2.  Section 1.04, Chapter 824, Acts of the 73rd

2-21     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

2-22     is amended by amending Subsections (b) and (d) and adding

2-23     Subsection (e) to read as follows:

2-24           (b)  The board shall hold in trust the assets of the fund for

2-25     the exclusive benefit of the members and retirees of the fund and

2-26     their beneficiaries and for defraying reasonable administrative

2-27     expenses of the fund.

2-28           (d)  A public or private entity, agency, or authority may not

2-29     alter or impair any contract made by the board or under the

2-30     authority or direction of the board.

2-31           (e)  The fund is independent of the control of a municipality

2-32     to which this Act applies.

2-33           SECTION 3.  Section 2.01, Chapter 824, Acts of the 73rd

2-34     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

2-35     is amended to read as follows:

2-36           Sec. 2.01.  Board of trustees.  (a)  The fund is governed by

2-37     a board of trustees consisting of the following nine members:

2-38                 (1)  the mayor of a municipality to which this Act

2-39     applies;

2-40                 (2)  two members of the governing body of a

2-41     municipality to which this Act applies, appointed by that governing

2-42     body;

2-43                 (3)  two active members who are fire fighters below the

2-44     rank of fire chief, elected by secret ballot by a majority of the

2-45     votes cast by [vote of] the members of the fire department [who are

2-46     contributing members of the fund];

2-47                 (4)  two active members who are police officers below

2-48     the rank of police chief, elected by secret ballot by a majority of

2-49     the votes cast by [vote of] the members of the police department

2-50     [who are contributing members of the fund];

2-51                 (5)  a retiree [or beneficiary] representative of the

2-52     fire department, elected by secret ballot by a majority [vote] of

2-53     the votes cast by the retirees of the fire department and [, or]

2-54     the surviving spouses who are receiving benefits with respect to

2-55     deceased members or [of the] retirees of[, from] the fire

2-56     department; and

2-57                 (6)  a retiree [or beneficiary] representative of the

2-58     police department, elected by secret ballot by a majority [vote] of

2-59     the votes cast by the retirees of the police department and[, or]

2-60     the surviving spouses who are receiving benefits with respect to

2-61     deceased members or [of the] retirees of[, from] the police

2-62     department.

2-63           (b)  The board, through its secretary, shall administer the

2-64     required elections of the active member and retiree representatives

2-65     [retiree or beneficiary representatives] by mailing ballots to all

2-66     eligible members, [out-of-town] retirees, or beneficiaries. Only

2-67     retirees and surviving spouses who are currently receiving benefits

2-68     from the fund [of members properly enrolled on the pension rolls]

2-69     are eligible to vote for the [be elected as] retiree [or

 3-1     beneficiary] representatives.  If no candidate receives a majority

 3-2     of the votes cast for any trustee position, the board shall hold a

 3-3     run-off election in which the only candidates are the candidates

 3-4     who received the highest and second-highest number of votes cast.

 3-5           [(c)  The fund is independent of the control of a

 3-6     municipality to which this Act applies.]

 3-7           SECTION 4.  Subsection (e), Section 2.02, Chapter 824, Acts

 3-8     of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

 3-9     States), is amended to read as follows:

3-10           (e)  The retiree [or beneficiary] representatives serve on

3-11     the board for staggered four-year terms, with one member's term

3-12     expiring every two years.

3-13           SECTION 5.  Section 2.03, Chapter 824, Acts of the 73rd

3-14     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

3-15     is amended by amending the heading and Subsections (a), (b), and

3-16     (d) to read as follows:

3-17           Sec. 2.03.  RESIGNATION OR REMOVAL OF TRUSTEES.  (a)  The

3-18     members of the board who are fire fighters or police officers may

3-19     resign or may be removed by a vote of the membership of their

3-20     respective departments.

3-21           (b)  The members of the board who are retiree [or

3-22     beneficiary] representatives may resign or may be removed by a vote

3-23     of the group eligible to elect them.

3-24           (d)  A removal election under this section must be held

3-25     within 30 days after the date the board certifies that a proper

3-26     petition for a removal election has been signed by at least 20

3-27     percent of the membership from which the trustee was elected.  A

3-28     trustee's term of service ends on the entry of an order by the

3-29     board declaring that a majority of the votes cast in [the results

3-30     of] a removal election under this section favor removal.

3-31           SECTION 6.  Subsection (a), Section 2.04, Chapter 824, Acts

3-32     of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

3-33     Statutes), is amended to read as follows:

3-34           (a)  The board shall elect from among the trustees a

3-35     chairman, a vice-chairman, and a secretary.

3-36           SECTION 7.  Sections 2.06 and 2.07, Chapter 824, Acts of the

3-37     73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

3-38     Statutes), are amended to read as follows:

3-39           Sec. 2.06.  Meetings; QUORUM.  (a)  The board shall hold

3-40     regular monthly meetings and special meetings at the call of the

3-41     chairman or on written demand by a majority of the members of the

3-42     board.

3-43           (b)  A quorum of the board is five members.  When a quorum is

3-44     present, action of the board that requires a vote may be taken by a

3-45     majority of the members present.  Any action taken by less than a

3-46     quorum is not binding on the board.

3-47           Sec. 2.07.  Committees of board.  (a)  The chairman of the

3-48     board may appoint committees that report to the board.

3-49           (b)  Only members of the board may be appointed to committees

3-50     under this section.

3-51           (c)  Committees shall be composed of [not fewer than] three

3-52     or four [nor more than five] members of the board, except as

3-53     otherwise specifically provided by the board.

3-54           (d)  Only members of committees may vote as committee

3-55     members.

3-56           (e)  The board may direct staff and advisors to assist the

3-57     committees.

3-58           (f)  [All members of the board may attend committee meetings.]

3-59           [(g)]  Members of committees serve at the pleasure of the

3-60     board.

3-61           (g) [(h)]  Permanent or standing committees may [not] be

3-62     appointed.

3-63           SECTION 8.  Subsections (a) and (b), Section 3.01, Chapter

3-64     824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's

3-65     Texas Civil Statutes), are amended to read as follows:

3-66           (a)  The board has complete authority and power to:

3-67                 (1)  administer the fund for the exclusive benefit of

3-68     all members, retirees, and beneficiaries;

3-69                 (2)  order payments from the fund as required by this

 4-1     Act; [and]

 4-2                 (3)  control the fund independently;

 4-3                 (4)  conduct all litigation on behalf of the fund; and

 4-4                 (5)  purchase with fund assets from one or more

 4-5     insurers licensed to do business in this state one or more

 4-6     insurance policies that provide for reimbursement of the fund and

 4-7     any trustee, officer, or employee of the board for liability

 4-8     imposed or damages because of an alleged act, error, or omission

 4-9     committed in the trustee's, officer's, or employee's capacity as a

4-10     fiduciary of assets of the fund and for costs and expenses incurred

4-11     as a trustee, officer, or employee in defense of a claim for an

4-12     alleged act, error, or omission, as long as the insurance policy

4-13     does not provide for reimbursement of a trustee, officer, or

4-14     employee for liability imposed or expenses incurred because of the

4-15     trustee's, officer's, or employee's personal dishonesty, fraud,

4-16     lack of good faith, or intentional failure to act prudently.

4-17           (b)  The board shall adopt rules necessary for the board's

4-18     effective operation, including rules relating to:

4-19                 (1)  the disbursement of the fund's assets;

4-20                 (2)  the designation of beneficiaries of the fund; and

4-21                 (3)  the name of the board and the fund.

4-22           SECTION 9.  Subsections (a) and (d), Section 3.02, Chapter

4-23     824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's

4-24     Texas Civil Statutes), are amended to read as follows:

4-25           (a)  The board shall consider all cases for membership in the

4-26     fund and for the retirement and benefits of the members of the fund

4-27     and all applications for benefits by surviving spouses, dependent

4-28     children, and dependent parents.

4-29           (d)  The chairman of the board may issue process for

4-30     witnesses, administer oaths to those witnesses, and examine any

4-31     witness in any manner affecting retirement or a benefit under this

4-32     Act.  The process for witnesses may be served on any member of the

4-33     fire or police department or any other person the board considers

4-34     to be an appropriate person.  On the failure of any witness to

4-35     attend and testify, that person may be compelled to attend and

4-36     testify as in any judicial proceeding[, according to the practice

4-37     in a justice court].

4-38           SECTION 10.  Section 3.03, Chapter 824, Acts of the 73rd

4-39     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

4-40     is amended to read as follows:

4-41           Sec. 3.03.  Orders for disbursements.  (a)  The board shall

4-42     issue orders for disbursements signed by the chairman or

4-43     vice-chairman of the board and the secretary of the board to the

4-44     appropriate persons.  The order shall state the purposes for the

4-45     payments.  The board shall keep a record of those orders.

4-46           (b)  Disbursements [At each monthly board meeting, the board

4-47     shall send to the treasurer of the board a written list of persons

4-48     entitled to the payment from the fund, stating the amount and

4-49     reason for payment.  The list must be certified and signed by the

4-50     chairman or vice-chairman of the board and the secretary of the

4-51     board.]

4-52           [(c)  The fund] may not be made [disbursed] without a record

4-53     vote of the board.

4-54           [(d)  A quorum of the board is five members.  When a quorum

4-55     is present, action of the board that requires a vote may be taken

4-56     by a majority of the members present.]

4-57           SECTION 11.  Subsection (a), Section 4.01, Chapter 824, Acts

4-58     of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

4-59     Statutes), is amended to read as follows:

4-60           (a)  A person becomes a member of the fund as a condition of

4-61     continued employment if the person[:]

4-62                 [(1)]  has served eight months as a fire fighter or

4-63     police officer or as a trainee in a fire fighter or police officer

4-64     training academy of a municipality to which this Act applies.  A

4-65     person may not become eligible for disability retirement benefits

4-66     unless the person[;]

4-67                 [(2)  was not younger than 18 at the time of

4-68     appointment; and]

4-69                 [(3)]  has provided an authorization for release of

 5-1     medical information for any medical records dated on or after the

 5-2     date of initial application for employment or has agreed in writing

 5-3     to provide that authorization when requested by the board or, in

 5-4     the alternative if required by the board, has submitted to a

 5-5     physical examination by a physician selected by the board.

 5-6           SECTION 12.  Section 4.03, Chapter 824, Acts of the 73rd

 5-7     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

 5-8     is amended by amending the heading and Subsections (a), (b), and

 5-9     (d) through (g) to read as follows:

5-10           Sec. 4.03.  UNIFORMED [MILITARY] SERVICE.  (a)  A member of

5-11     the fund who enters any uniformed [active military] service of the

5-12     United States may not:

5-13                 (1)  be required to make the monthly payments into the

5-14     fund provided by this Act as long as the member is engaged in

5-15     active service with the uniformed [military] service; or

5-16                 (2)  lose any seniority rights or retirement benefits

5-17     provided by this Act by virtue of that [military] service.

5-18           (b)  Not later than the 90th day after the date of the

5-19     member's reinstatement to an active status in the fire or police

5-20     department, the member must file with the secretary of the board a

5-21     written statement of intent to pay into the fund an amount equal to

5-22     what the member would have paid if the member had remained on

5-23     active status in the department during the period of the member's

5-24     absence in the uniformed [military] service.

5-25           (d)  Except as provided by Subsection (f) of this section, if

5-26     the member does not comply with Subsections (b) and (c) of this

5-27     section, the member shall lose all credit toward the member's

5-28     retirement annuity for the length of time the member was engaged in

5-29     active service in any uniformed [military] service.

5-30           (e)  The amount of credit purchased under this section may

5-31     not exceed the length of the active service in a uniformed

5-32     [military] service required to be credited [authorized] by law.

5-33           (f)  If a person who became a member before October 1, 1997,

5-34     does not make the payment required under Subsection (c) of this

5-35     section within the required amount of time and the member would

5-36     otherwise be [is] eligible for credit under federal law, the member

5-37     may receive credit for the uniformed service if the member [shall]

5-38     also pays [pay] interest, compounded annually, on the then current

5-39     rate of a member's contribution from the date the payment was

5-40     required to the date the payment was made.  The board shall set the

5-41     rate of interest.

5-42           (g)  A disability resulting from either injury or disease

5-43     contracted while engaged in any uniformed [military] service does

5-44     not entitle a member to a disability retirement annuity.

5-45           SECTION 13.  Subsections (a) and (c), Section 4.04, Chapter

5-46     824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's

5-47     Texas Civil Statutes), are amended to read as follows:

5-48           (a)  There shall be deducted from the total salary [wages] of

5-49     each fire fighter and police officer in the employment of a

5-50     municipality to which this Act applies a percentage of the member's

5-51     total salary according to the following schedule:

5-52                 (1)  11.16 percent for full pay periods after September

5-53     30, 1993, but before October 1, 1994;

5-54                 (2)  11.32 percent for full pay periods after September

5-55     30, 1994, but before October 1, 1995;

5-56                 (3)  11.50 percent for full pay periods after September

5-57     30, 1995, but before October 1, 1996;

5-58                 (4)  11.66 percent for full pay periods after September

5-59     30, 1996, but before October 1, 1997;

5-60                 (5)  11.82 percent for full pay periods after September

5-61     30, 1997, but before October 1, 1998;

5-62                 (6)  12 percent for full pay periods after September

5-63     30, 1998, but before October 1, 1999;

5-64                 (7)  12.16 percent for full pay periods after September

5-65     30, 1999, but before October 1, 2000;

5-66                 (8)  12.32 percent for full pay periods after September

5-67     30, 2000, but before October 1, 2001; and

5-68                 (9)  12.50 percent for full pay periods after September

5-69     30, 2001.

 6-1           (c)  Contributions picked up by the municipality shall be

 6-2     treated as employer contributions [in accordance with Section

 6-3     414(h)(2), Internal Revenue Code of 1986 (26 U.S.C. Section 414),]

 6-4     for the purpose of determining tax treatment of the amounts under

 6-5     the code [Internal Revenue Code of 1986].  Those contributions are

 6-6     not included in the gross income of the employee until the time

 6-7     they are distributed or made available to the employee.

 6-8           SECTION 14.  Subsections (b) and (c), Section 4.05, Chapter

 6-9     824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's

6-10     Texas Civil Statutes), are amended to read as follows:

6-11           (b)  The payments into the fund by the municipality, both as

6-12     to deductions and double-matching amounts, shall be made on the

6-13     same day the contributions are deducted from the members' total

6-14     salary [pay].

6-15           (c)  Any donations made to the fund and all amounts [funds]

6-16     received from any source for the fund shall be deposited in the

6-17     fund at the earliest opportunity.

6-18           SECTION 15.  Section 5.01, Chapter 824, Acts of the 73rd

6-19     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

6-20     is amended to read as follows:

6-21           Sec. 5.01.  Retirement benefits.  (a)  If a member of the

6-22     fund has contributed a portion of that member's salary as provided

6-23     by this Act and has contributed and served for 20 years or more in

6-24     the fire or police department, the board shall, on the application

6-25     of the member for a retirement annuity, authorize a retirement

6-26     annuity to the member.

6-27           (b)  The board shall compute the retirement annuity of a

6-28     member who retires after September 30, 1991, but before October 1,

6-29     1995, on the basis of the average of the member's total salary for

6-30     the highest three years of the last five years, computed from the

6-31     date of retirement, of the member's pay at the rate of two percent

6-32     for each of the first 20 years served, plus 3 1/2 percent for each

6-33     of the next 10 years served, plus one percent for each of the next

6-34     five years served, with fractional years prorated based on full

6-35     months served as a contributing member, but the annuity may not

6-36     exceed, as of the date of retirement, 80 percent of the average so

6-37     determined.

6-38           (c)  The board shall compute the retirement annuity of a

6-39     member who retires after September 30, 1995, but before October 1,

6-40     1997, on the basis of the average of the member's total salary for

6-41     the highest three years of the last five years, computed from the

6-42     date of retirement, of the member's pay at the rate of two percent

6-43     for each of the first 20 years served, plus four percent for each

6-44     of the next five years served, plus 3 1/2  percent for each of the

6-45     next five years served, plus one percent for each of the next five

6-46     years served, with fractional years prorated based on full months

6-47     served as a contributing member.  In making the computation for a

6-48     year, the year is considered to begin on the first day a

6-49     contribution is made.  An annuity under this subsection may not

6-50     exceed, as of the date of retirement, 82.5 percent of the average

6-51     determined under this subsection.

6-52           (d)  The board shall compute the retirement annuity of a

6-53     member who retires after September 30, 1997, at the rate of two

6-54     percent of the member's average total salary for each of the first

6-55     20 years of service, plus four percent of average total salary for

6-56     each of the next 10 years of service, plus one percent of average

6-57     total salary for each of the next five years of service, with

6-58     fractional years of service prorated based on full months served as

6-59     a contributing member.  In making the computation for a year, the

6-60     year is considered to begin on the first day a contribution is

6-61     made.  A retirement annuity under this subsection may not exceed,

6-62     as of the date of retirement, 85 percent of the member's average

6-63     total salary.

6-64           (e)  A member may not receive an award from the fund for

6-65     service retirement until the member has [served] at least 20 years

6-66     of service in the fire or police department and has also

6-67     contributed the required amount of money for at least 20 years.  In

6-68     determining the number of years of service in a department, the

6-69     member shall be given full credit for the period the member was an

 7-1     active member plus the time the member was actively engaged in

 7-2     service with any uniformed [military] service in accordance with

 7-3     Section 4.03 of this Act and for absences taken under the Family

 7-4     and Medical Leave Act (29 U.S.C. Section 2601 et seq.), in

 7-5     accordance with Section 4.02 of this Act.  Disciplinary suspensions

 7-6     of 15 days or less may not be subtracted from a member's service

 7-7     credit under this Act if the member has paid into the fund, within

 7-8     30 days after the later of the termination date of each suspension

 7-9     or the exhaustion of any appeal with respect to the suspension, a

7-10     sum of money equal to the amount of money that would have been

7-11     deducted from that person's salary during that period of suspension

7-12     if it had not been for that suspension.  A municipality to which

7-13     this Act applies shall double-match a payment made under this

7-14     subsection.  Members [(e)  Except as provided by Subsection (f) of

7-15     this section, members] of the fund at the time of their retirement

7-16     shall also receive service credit for all unused sick leave

7-17     accumulated by them under Chapter 143, Local Government Code, but

7-18     only to the extent the unused sick leave exceeds 90 days [and its

7-19     subsequent amendments, with fractional years prorated based on full

7-20     months of sick leave].

7-21           (f)  All monthly pensions being paid by the fund to retirees

7-22     who retired before October 1, 1989, are increased, effective with

7-23     the first monthly payment due on or after October 1, 1997.  The

7-24     amount of the increase depends on the fiscal year ending September

7-25     30 in which the retiree retired and is a percentage of the pension

7-26     payment that would have been payable on October 1, 1997, except for

7-27     this increase.  The percentage is set forth in the following

7-28     schedule:

7-29            Municipality Fiscal Year          Percentage

7-30                  of Retirement                Increase

7-31                    1988                         1.0%

7-32                    1987                         2.0%

7-33                    1986                         3.0%

7-34                    1985                         4.0%

7-35                    1984                         5.0%

7-36                    1983                         6.0%

7-37                    1982                         7.0%

7-38                    1981                         8.0%

7-39                    1980                         9.0%

7-40                    1979 or earlier             10.0%

7-41     [The retirement annuity for a member under Subsection (e) of this

7-42     section may not exceed, as of the date of retirement, 82.5 percent

7-43     of the average, determined under that subsection and under the

7-44     ordinances of a municipality to which this Act applies, that

7-45     exceeds 90 days of accumulated sick leave.]

7-46           SECTION 16.  Subsections (c), (d), and (e), Section 5.015,

7-47     Chapter 824, Acts of the 73rd Legislature, 1993 (Article 6243o,

7-48     Vernon's Texas Civil Statutes), are amended to read as follows:

7-49           (c)  To be eligible to make a Back DROP election under this

7-50     section, a member of the fund must have [contributed a portion of

7-51     that member's salary, as provided by this Act, and have contributed

7-52     and served] at least 20 years and 1 month of service in the fire or

7-53     police department.

7-54           (d)  The amount of a lump-sum payment to which a member

7-55     making a Back DROP election is entitled shall be computed in the

7-56     manner provided by this subsection.  The member's retirement

7-57     annuity [average annual salary] shall be computed in the manner

7-58     provided by Section 5.01(c) or (d) of this Act, as applicable,

7-59     except that the retirement date used in making that computation is

7-60     the retirement date computed as provided by this subsection.  The

7-61     member's retirement annuity as so computed [average annual salary]

7-62     shall be divided by 12 to compute the member's [average] monthly

7-63     pension [salary].  The member's [average] monthly pension [salary]

7-64     multiplied by the number of full months elected by the member under

7-65     Subsection (b)(1) of this section is the amount of the lump-sum

7-66     payment to which the member is entitled.  Solely for purposes of

7-67     [In] computing the member's monthly pension [average annual salary]

7-68     under this subsection, the member's retirement date is the member's

7-69     Back DROP retirement date, which is the member's actual retirement

 8-1     date less the amount of time for:

 8-2                 (1)  any service in excess of 35 years of service;

 8-3                 (2)  any service [credit] given for sick leave unused

 8-4     on the date of actual retirement; and

 8-5                 (3)  any [service credit, for] service in excess of 20

 8-6     years but not in excess of the amount permitted under Subsection

 8-7     (b)(1) of this section that [,] the member elects for computing the

 8-8     amount of the lump-sum payment.

 8-9           (e)  For purposes of computing the monthly pension [annuity]

8-10     of a member making a Back DROP election, the member's retirement

8-11     annuity [average annual salary] shall be computed in the manner

8-12     provided by Section 5.01(c) or (d) of this Act, as applicable,

8-13     except that the retirement date used in making that computation is

8-14     the member's actual retirement date[, plus time representing any

8-15     service credit given for sick leave unused on the actual retirement

8-16     date,] less the amount of time the member elects under Subsection

8-17     (b)(1) of this section.  The annuity may not exceed the limitation

8-18     provided by Section 5.01(c) or (d) of this Act, as applicable.  The

8-19     member's retirement annuity [average annual salary] shall be

8-20     divided by 12 to compute the member's monthly pension [annuity].

8-21           SECTION 17.  Subsections (a), (b), and (c), Section 5.03,

8-22     Chapter 824, Acts of the 73rd Legislature, 1993 (Article 6243o,

8-23     Vernon's Texas Civil Statutes), are amended to read as follows:

8-24           (a)  An active [A] member of the fund is eligible to retire

8-25     and receive a disability retirement annuity if the member:

8-26                 (1)  makes a written application for disability

8-27     retirement with the board;

8-28                 (2)  is permanently disabled through injury or disease

8-29     so as to be unable to perform the duties of any available position

8-30     in the department [incapacitate the member from the performance of

8-31     duties] and has been off active duty for a continuous period of not

8-32     less than 30 days before the date of the application for disability

8-33     retirement; [and]

8-34                 (3)  has had all member contributions required by this

8-35     Act made on the member's behalf;

8-36                 (4)  is not on indefinite suspension as described in

8-37     Subsection (d) of this section; and

8-38                 (5)  has authorized the release to the board of all

8-39     medical records dated on or after the date of initial application

8-40     for employment with the department [is a member in good standing of

8-41     the fire or police department in which the member is employed at

8-42     the time of retirement].

8-43           (b)  A member of the fund who has a disability resulting from

8-44     injury or disease incurred before the member became a fire fighter

8-45     or police officer or while a member of any uniformed [while the

8-46     member was engaged in active military] service is not entitled to a

8-47     disability retirement annuity based on that disability.

8-48           (c)  Except as provided by Subsection (d) of this section, a

8-49     member of the fund who is on suspension and who receives a total

8-50     and permanent disability resulting from an injury or disease

8-51     incurred while the member is on suspension is eligible for a

8-52     disability retirement annuity if the suspended member makes up each

8-53     deducted contribution lost by reason of the suspension not later

8-54     than the 30th day after the later of the termination date of the

8-55     suspension or the exhaustion of any appeal with respect to the

8-56     suspension [date the contribution would have been deducted from the

8-57     member's pay].  A municipality to which this Act applies shall

8-58     double-match all contributions made by a member under this

8-59     subsection.

8-60           SECTION 18.  Subsection (a), Section 5.04, Chapter 824, Acts

8-61     of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

8-62     Statutes), is amended to read as follows:

8-63           (a)  A member who is eligible to receive a monthly disability

8-64     retirement annuity is entitled to receive from the fund:

8-65                 (1)  50 percent of the average of the member's total

8-66     salary for the highest three years of the last five years, computed

8-67     from the date of retirement, divided by 12; or

8-68                 (2)  [,] if the member has served less than three years

8-69     before the date of retirement, 50 percent of the member's average

 9-1     monthly total salary, [excluding overtime pay,] or a theoretical

 9-2     monthly average if service is less than a full month.

 9-3           SECTION 19.  Subsections (a) and (c), Section 5.05, Chapter

 9-4     824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's

 9-5     Texas Civil Statutes), are amended to read as follows:

 9-6           (a)  The board may cause a disability retiree to undergo a

 9-7     medical examination or examinations by any reputable physician or

 9-8     physicians selected by the board.  Based on the examination, the

 9-9     board shall determine whether the disability retirement annuity

9-10     shall be continued, decreased, restored to the original amount if

9-11     it had been decreased, or discontinued, except that a disability

9-12     retirement annuity may not be completely discontinued unless the

9-13     disability retiree has first been accepted for reinstatement in

9-14     that person's former position or status in the fire or police

9-15     department by the chief of the respective department.

9-16           (c)  For those retired because of disability on or after

9-17     August 30, 1971, the monthly disability retirement annuity may not

9-18     be reduced to less than two percent, for each year that the retiree

9-19     has served and contributed a portion of salary, of the average of

9-20     the member's total salary for the highest three years of the last

9-21     five years, computed from the date of retirement, divided by 12, or

9-22     if the member has served less than three years before the date of

9-23     retirement, 50 percent of the member's average monthly total

9-24     salary, [excluding overtime pay,] or a theoretical monthly average

9-25     if service is less than a full month.  All fractional years shall

9-26     be prorated based on full months served on the fire or police

9-27     department as a contributing member of the fund before the date of

9-28     retirement.

9-29           SECTION 20.  Section 5.07, Chapter 824, Acts of the 73rd

9-30     Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

9-31     is amended to read as follows:

9-32           Sec. 5.07.  Outside income pension reduction.  (a)  The board

9-33     shall require each disability retiree retiring after August 29

9-34     [22], 1979, to provide the board annually not later than May 1 of

9-35     each year with a true and complete copy of the retiree's income tax

9-36     return for the previous year.

9-37           (b)  If the retiree received income from other employment,

9-38     including self-employment, during the preceding year, the board may

9-39     reduce the retiree's disability retirement annuity by the amount of

9-40     $1 for each month for each $2 of income earned by the retiree from

9-41     the other employment during each month of the previous year, except

9-42     that the disability retirement annuity may not be decreased below

9-43     an amount based on two percent of the retiree's average total

9-44     salary[, excluding overtime pay,] computed at the time of

9-45     retirement under Section 5.04 of this Act for each year of service

9-46     in the department.

9-47           SECTION 21.  Subsection (a), Section 5.09, Chapter 824, Acts

9-48     of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

9-49     Statutes), is amended to read as follows:

9-50           (a)  At or before its regular meeting in the month of March,

9-51     the board annually shall review the Consumer's Price Index for All

9-52     Urban Consumers (CPI-U), U.S. City Average [Moderate Income

9-53     Families in Large Cities--All Items] or the nearest equivalent

9-54     published by the United States Bureau of Labor Statistics for the

9-55     preceding calendar year.  If that index shows an increase during

9-56     the preceding calendar year in the cost of living as compared with

9-57     that index at the close of the previous year, the board shall order

9-58     an increase of all retirement annuities of all retirees and

9-59     beneficiaries by a percentage that varies by the date on which the

9-60     member retired, or in the case of a member who died before

9-61     retirement, the date on which the member died.  If the member's

9-62     retirement or death before retirement occurred before August 30,

9-63     1971, the annuity shall be increased by a percentage equal to the

9-64     percentage increase in the cost of living index.  If the member's

9-65     retirement or death before retirement occurred on or after August

9-66     30, 1971, but before October 1, 1989, the retirement annuity shall

9-67     be increased by a percentage that is 87.5 percent of the percentage

9-68     increase in the cost of living index, for any year in which the

9-69     cost of living index increases by eight percent or less and by 75

 10-1    percent of the percentage increase in the cost of living index if

 10-2    the cost of living index increases by more than eight percent.  If

 10-3    the member's retirement or death before retirement occurred on or

 10-4    after October 1, 1989, the retirement annuity shall be increased by

 10-5    a percentage that is 75 percent of the percentage increase in the

 10-6    cost of living index.  A percentage increase in retirement

 10-7    annuities shall be rounded to the nearest one-tenth percentage

 10-8    point for a cost of living increase [by the number of full

 10-9    percentage points closest to the exact amount of the increase of

10-10    that index, except that any increased retirement annuities are

10-11    payable only at the rate of 75 percent of the applicable

10-12    cost-of-living percentage for those retirees, and the beneficiaries

10-13    of those retirees, who were retired on and after August 30, 1971.

10-14    The annual cost-of-living adjustment for a retiree or a beneficiary

10-15    of a retiree who retired on or after September 1, 1971, but before

10-16    October 1, 1989, shall be computed at the rate of 87.5 percent of

10-17    the consumer price index specified by this subsection if the index

10-18    is eight percent or less, with the maximum cost-of-living

10-19    adjustment capped at the rate of six percent, but at the rate of 75

10-20    percent of the index if the index is greater than eight percent for

10-21    those retirees, with no cap on the rate of the cost-of-living

10-22    adjustment].

10-23          SECTION 22.  Section 5.11, Chapter 824, Acts of the 73rd

10-24    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

10-25    is amended to read as follows:

10-26          Sec. 5.11.  Coordination with federal law.  (a)  A member or

10-27    beneficiary of a member of the fund may not accrue a service

10-28    retirement annuity,[;] disability retirement annuity,[;] death

10-29    benefit, whether death occurs in the line of duty or otherwise,[;]

10-30    or any other benefit under this Act in excess of the benefit limits

10-31    applicable to the fund under Section 415 of the code.  The board

10-32    shall reduce the amount of any benefit that exceeds those limits by

10-33    the amount of the excess.  If the total benefits under this fund

10-34    and the benefits and contributions to which any member is entitled

10-35    under any other qualified plans maintained by the municipality that

10-36    employs the member would otherwise exceed the applicable limits

10-37    under Section 415 of the code, the benefits the member would

10-38    otherwise receive from the fund shall be reduced to the extent

10-39    necessary to enable the benefits to comply with Section 415 of the

10-40    code.

10-41          (b)  Any member or beneficiary who receives any distribution

10-42    from any plan within the system that is an eligible rollover

10-43    distribution as defined by Section 402(c)(4) of the code is

10-44    entitled to have that distribution transferred directly to another

10-45    eligible retirement plan of the member's or beneficiary's choice on

10-46    providing direction to the fund regarding that transfer in

10-47    accordance with procedures established by the board.

10-48          (c)  The total salary taken into account for any purpose for

10-49    any member of the fund [Annual compensation for which benefits may

10-50    be paid under this Act] may not exceed $200,000 per year for an

10-51    eligible participant or $150,000 per year for an ineligible

10-52    participant.  These dollar limits shall be periodically adjusted in

10-53    accordance with guidelines provided by the United States secretary

10-54    of the treasury.  For purposes of this subsection, an eligible

10-55    participant is any person who first became a member before 1996,

10-56    and an ineligible participant is any member who is not an eligible

10-57    participant [for each member or another limit applicable under

10-58    Section 401(a)(17) of the code].

10-59          (d) [(c)]  Accrued benefits under this Act become 100 percent

10-60    vested for [all members on termination of the fund or on occurrence

10-61    of another event described in Section 401(a)(17) of the code and

10-62    become 100 percent vested for] a member on:

10-63                (1)  the date the member has completed 20 years of

10-64    service;

10-65                (2)  the earlier termination or partial termination, if

10-66    it affects the member, of the fund; or

10-67                (3)  the complete discontinuance of contributions by

10-68    the municipality to the fund.

10-69          (e) [(d)]  Amounts representing forfeited nonvested benefits

 11-1    of 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          (f) [(e)]  Distribution 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 and must otherwise conform to

 11-7    Section 401(a)(9) of the code.

 11-8          (g)  If the amount of any benefit is to be determined on the

 11-9    basis of actuarial assumptions that are not otherwise specifically

11-10    set forth for that purpose in this Act, the actuarial assumptions

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

11-12    on the date of the determination by the fund's actuary and approved

11-13    by the board.  The actuarial assumptions being used at any

11-14    particular time shall be attached as an addendum to a copy of this

11-15    Act and treated for all purposes as a part of this Act.  The

11-16    actuarial assumptions may be changed by the fund's actuary at any

11-17    time if approved by the board, but a change in actuarial

11-18    assumptions may not result in any decrease in benefits accrued as

11-19    of the effective date of the change [(f)  The fund shall be

11-20    administered in a manner complying with Section 401(a)(25) of the

11-21    code, relating to actuarial assumptions].

11-22          (h) [(g)]  This section applies to any benefit regardless of

11-23    when accrued.

11-24          (i) [(h)]  The board may adopt rules to administer this

11-25    section.  A rule adopted by the board under this subsection is

11-26    final and binding.

11-27          [(i)  In this section, "code" means the Internal Revenue Code

11-28    of 1986 and its subsequent amendments.]

11-29          (j)  To the extent permitted by law, the board may adjust the

11-30    benefits of retired members and beneficiaries by increasing any

11-31    retirement benefit that was reduced because of Section 415 of the

11-32    code.  If Section 415 of the code is amended to permit the payment

11-33    of amounts previously precluded [as inflationary indexing] under

11-34    Section 415 of the code[.  If the definition of compensation is

11-35    amended under that section to include amounts previously excluded

11-36    as compensation], the board may adjust the benefits of retired

11-37    members and beneficiaries, including the restoration [payment] of

11-38    benefits previously denied [excluded].  Benefits paid under this

11-39    subsection are not considered as extra compensation earned after

11-40    retirement but as the delayed payment of benefits earned before

11-41    retirement.

11-42          (k)  The board by rule shall implement this Act in a manner

11-43    that preserves the tax qualification of the fund under the code and

11-44    may revise any provision or program to the extent necessary to

11-45    retain tax qualification.

11-46          (l)  In this section, "qualified plan" has the meaning

11-47    assigned by Section 8.02 of this Act.

11-48          SECTION 23.  Article 5, Chapter 824, Acts of the 73rd

11-49    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

11-50    is amended by adding Section 5.12 to read as follows:

11-51          Sec. 5.12.  13TH CHECK.  (a)  In any fiscal year ending after

11-52    1996 for which the board determines that the average annual

11-53    investment yield on the market value of fund investments for the

11-54    preceding five fiscal years exceeded the annual investment yield

11-55    projected by the actuary for that preceding five-fiscal-year period

11-56    by at least 100 basis points, the board may authorize the

11-57    disbursement of a 13th pension check.

11-58          (b)  The 13th pension check is paid to each retiree receiving

11-59    an annuity at the time of disbursement and is in an amount equal to

11-60    the pension check paid immediately before the disbursement of the

11-61    retiree's 13th check, except the amount of any such check shall be

11-62    prorated for any retiree who has been receiving an annuity for less

11-63    than one year so that the amount of the check is one-twelfth of the

11-64    check that would have been paid to a retiree receiving an annuity

11-65    for a full year times the number of full months the retiree has

11-66    received an annuity.

11-67          (c)  Authorization of a 13th check for any year is subject to

11-68    the discretion of the board.  Authorization for one year does not

11-69    obligate the board to authorize a 13th check for any other year.

 12-1          (d)  In this section, "annual investment yield" means the

 12-2    yield on the fund's investment portfolio for a particular year, as

 12-3    a percentage of the portfolio, after reduction for costs of

 12-4    investing the portfolio, but without reduction for the fund's

 12-5    operating expenses.

 12-6          SECTION 24.  Section 6.02, Chapter 824, Acts of the 73rd

 12-7    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

 12-8    is amended to read as follows:

 12-9          Sec. 6.02.  Death benefit annuity for surviving spouses and

12-10    children.  (a)  Subject to Sections 6.03 and 6.08 of this Act, if

12-11    an active [If a contributing] member [in good standing] or a

12-12    retiree dies [before or after retirement,] leaving a surviving

12-13    spouse or[,] one or more children under the age of 18 [17] years,

12-14    [or one or more unmarried children 17 years of age or older but

12-15    under 19 years of age who attend a public or private educational

12-16    institution,] the surviving spouse and the children are entitled to

12-17    receive from the fund an aggregate death benefit annuity of the

12-18    same percentage of the member's average total salary that the

12-19    member would have been entitled to receive as a retirement annuity

12-20    if the member could have retired on the date of death, except that

12-21    the percentage may not exceed the percentage to which a member with

12-22    25 years of service credit would be entitled.  One-half of the

12-23    death benefit annuity under this subsection shall be awarded to the

12-24    [eligible] surviving spouse and one-half to the dependent

12-25    [eligible] child or children.

12-26          (b)  A child who is born [resulting from any marriage

12-27    occurring] after the date of retirement of the member [from a

12-28    spouse who was not the spouse on the date of retirement] is not

12-29    entitled to a death benefit [retirement] annuity under this Act

12-30    unless the member was married to the other parent of the child on

12-31    the date of retirement.  A surviving spouse of a retiree who was

12-32    not married to the retiree until after the retiree's retirement is

12-33    entitled to receive only the benefit, if any, provided under

12-34    Section 6.08 of this Act.

12-35          (c)  If there are no children, the surviving spouse is

12-36    entitled to receive from the fund a death benefit annuity in the

12-37    same amount the member would have been entitled to receive as a

12-38    retirement annuity if the member could have retired on the date of

12-39    death, except that the percentage used in computing the amount the

12-40    member would have been entitled to receive may not exceed the

12-41    percentage to which a member with 25 years of service would have

12-42    been entitled [an amount not to exceed 60 percent of the average

12-43    total salary of the deceased member computed as provided under

12-44    Subsection (a) of this section].

12-45          (d)  If there is no surviving spouse, the dependent children

12-46    are entitled to receive from the fund an aggregate death benefit

12-47    annuity of one-half of the amount the member would have been

12-48    entitled to receive as a retirement annuity if the member could

12-49    have retired on the date of death, except that the percentage used

12-50    in computing the amount the member would have been entitled to

12-51    receive may not exceed the percentage to which a member with 25

12-52    years of service would have been entitled.  However, [not more than

12-53    30 percent of the average total salary computed as provided under

12-54    Subsection (a) of this section, except that] if the board

12-55    determines on investigation that the eligible children are

12-56    destitute, the board may increase the death benefit annuity under

12-57    this subsection to two-thirds of the amount the member would have

12-58    been entitled to receive as a retirement annuity if the member

12-59    could have retired on the date of death, except that the percentage

12-60    used in computing the amount the member would have been entitled to

12-61    receive may not exceed the percentage to which a member with 25

12-62    years of service would have been entitled [to an amount not to

12-63    exceed 40 percent of that average total salary].  The amount

12-64    awarded under this subsection to any child shall be paid by the

12-65    board to the legal guardian of the child.

12-66          (e)  [A surviving spouse of a member of the fund who died

12-67    before retirement is entitled to at least 50 percent of the

12-68    member's average total salary that the member would have been

12-69    entitled to receive as a retirement annuity.]

 13-1          [(f)  A surviving spouse of a member of the fund is entitled

 13-2    to a death benefit annuity based on the member's retirement

 13-3    benefits in effect on the date of retirement.]

 13-4          [(g)]  A child of the member who is so mentally or physically

 13-5    disabled as to be incapable of being self-supporting to any extent,

 13-6    if otherwise qualified and regardless of age, has the rights of a

 13-7    child under 18 [17] years of age, except that any death benefit

 13-8    annuity paid under this subsection to any mentally or physically

 13-9    disabled child shall be reduced to the extent of any state pension

13-10    or aid, including Medicaid, or any state-funded assistance received

13-11    by the child, regardless of whether the funds were made available

13-12    to the state by the federal government.  In no other instance under

13-13    this Act is a child entitled to any benefit after becoming 18 [19]

13-14    years of age.

13-15          SECTION 25.  Section 6.03, Chapter 824, Acts of the 73rd

13-16    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

13-17    is amended by amending the heading and Subsections (b) and (c) to

13-18    read as follows:

13-19          Sec. 6.03.  [LIMITATION ON AMOUNT OF SURVIVING SPOUSE'S]

13-20    DEATH BENEFIT ANNUITY FOR SPOUSE OF MEMBER KILLED IN LINE OF DUTY.

13-21          (b)  The board shall consider the finding of a municipality

13-22    to which this Act applies that a member was killed in the line of

13-23    duty as a guideline for its determination in applying this section.

13-24    On an application for survivor's benefits by a surviving spouse or

13-25    dependent child, the fund shall pay the normal benefits payable

13-26    under Section 6.02 of this Act.  When a benefit is payable under

13-27    this section, the death benefit annuity shall be recomputed,

13-28    applying Subsection (c) of this section, and any deficiency payment

13-29    shall be paid to the eligible beneficiaries.

13-30          (c)  Notwithstanding the formulas for computing the total

13-31    amounts of annuities otherwise provided by this Act [section], if a

13-32    member is killed in the line of duty, the member's surviving spouse

13-33    and dependent children are entitled to a death benefit annuity

13-34    equal to the total salary of the member at the time of death.

13-35    Rules provided by this section relating to qualification and

13-36    disqualification for and apportionment of benefits apply to a death

13-37    benefit annuity computed under this subsection.  A death benefit

13-38    annuity computed under this subsection is divided in the manner

13-39    described by Section 6.02(a) of this Act and is subject to the same

13-40    cost-of-living adjustments that apply to pensions for service

13-41    retirement.

13-42          SECTION 26.  Subsection (e), Section 6.04, Chapter 824, Acts

13-43    of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

13-44    Statutes), is amended to read as follows:

13-45          (e)  The benefit provided under Subsections (c) and (d) of

13-46    this section shall be provided [applied] prospectively beginning

13-47    October 1, 1995, and the surviving spouse or dependent child is not

13-48    entitled to receive any benefits or increases in benefits relating

13-49    to any period before October 1, 1995.

13-50          SECTION 27.  Section 6.05, Chapter 824, Acts of the 73rd

13-51    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

13-52    is amended to read as follows:

13-53          Sec. 6.05.  Affidavit of marital status.  (a)  A surviving

13-54    spouse, a dependent child [beneficiary under this Act], or the

13-55    guardian of a surviving spouse or dependent child [beneficiary] may

13-56    be required by the board to file an affidavit [annually] concerning

13-57    the person's marital status or the marital status of the person's

13-58    wards in any case in which marriage could affect the benefits of

13-59    the surviving spouse or dependent child [or to give an affidavit to

13-60    the board at other times when probable cause exists to suspect the

13-61    possibility of marriage].

13-62          (b)  If the surviving spouse, dependent child, [beneficiary]

13-63    or guardian fails or refuses to file an affidavit required under

13-64    Subsection (a) of this section or if an incomplete, incorrect, or

13-65    false affidavit is filed, the board may suspend annuity payments to

13-66    that person indefinitely until the person complies with the

13-67    requests and orders of the board.

13-68          SECTION 28.  Section 6.07, Chapter 824, Acts of the 73rd

13-69    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

 14-1    is amended to read as follows:

 14-2          Sec. 6.07.  Surviving spouse's right to single entitlement.

 14-3    A surviving spouse, whether or [who is] not a member of the fund,

 14-4    is not entitled to more than one death benefit annuity from the

 14-5    fund.  A surviving spouse who has been married to more than one

 14-6    deceased member or retiree is entitled to receive a death benefit

 14-7    annuity with respect to the deceased member or retiree that will

 14-8    provide the highest benefit.

 14-9          SECTION 29.  Subsection (b), Section 6.09, Chapter 824, Acts

14-10    of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

14-11    Statutes), is amended to read as follows:

14-12          (b)  An application for benefits under Subsection (a) of this

14-13    section must be accompanied by a copy of the deceased member's or

14-14    retiree's tax return filed for the last year ending before the

14-15    member's or retiree's death or an explanation satisfactory to the

14-16    board of why the tax return cannot be provided.  The board may, on

14-17    its own initiative, make a thorough investigation, determine the

14-18    facts as to the dependency with respect to an application for

14-19    benefits made under Subsection (a) of this section, and at any

14-20    time, on the request of any beneficiary or any contributor to the

14-21    fund, reopen any award made to any member or dependent of any

14-22    member who is receiving annuity payments under this section and

14-23    discontinue those payments as to all or any of them.  The findings

14-24    of the board under this section and all annuities granted under

14-25    this section are final on all parties unless set aside or revoked

14-26    by a court of competent jurisdiction.

14-27          SECTION 30.  Section 6.10, Chapter 824, Acts of the 73rd

14-28    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

14-29    is amended to read as follows:

14-30          Sec. 6.10.  SUSPENSION RIGHTS [OF DEPENDENT PARENTS].  If a

14-31    member dies who is under suspension at the time of death, including

14-32    an indefinite suspension that has not become final, the member's

14-33    beneficiaries [dependent parents] have the same rights as the

14-34    beneficiaries of any other member under this Act.

14-35          SECTION 31.  Subsection (a), Section 6.11, Chapter 824, Acts

14-36    of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

14-37    Statutes), is amended to read as follows:

14-38          (a)  If an active [a] member [of the fire or police

14-39    department in active service] dies and does not leave a [an

14-40    eligible] surviving spouse, a child under 18 [17] years of age, [a

14-41    child under 19 years of age who is attending school,] a mentally or

14-42    physically disabled child, or a dependent father or mother, the

14-43    estate of the deceased member is entitled to a death benefit

14-44    payment from the fund in the amount of $10,000 [from the fund] or

14-45    the refund of the member's contributions that were picked up by the

14-46    municipality [as provided by Section 4.07 of this Act], whichever

14-47    amount is greater.

14-48          SECTION 32.  Article 6, Chapter 824, Acts of the 73rd

14-49    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

14-50    is amended by adding Section 6.12 to read as follows:

14-51          Sec. 6.12.  13TH CHECK.  For any year in which the board

14-52    authorizes disbursement of a 13th pension check to retirees under

14-53    Section 5.12 of this Act, the board shall also authorize

14-54    disbursement of a 13th check to each beneficiary receiving an

14-55    annuity at the time of the disbursement.  The amount of the 13th

14-56    check is determined in the same manner as the amount of a 13th

14-57    check is determined for a retiree.

14-58          SECTION 33.  Subsection (c), Section 7.04, Chapter 824, Acts

14-59    of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

14-60    Statutes), is amended to read as follows:

14-61          (c)  The board may directly manage the investments of the

14-62    fund or may choose and contract for professional management

14-63    services.  If the fund owns real estate, it may, at its discretion,

14-64    establish organizations [corporations] described by Section

14-65    501(c)(2) or (25) of the code[, Internal Revenue Code of 1986 (26

14-66    U.S.C. Section 501), and its subsequent amendments,] to hold title

14-67    to the real estate.

14-68          SECTION 34.  Subsection (a), Section 7.05, Chapter 824, Acts

14-69    of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

 15-1    Statutes), is amended to read as follows:

 15-2          (a)  The board may contract for professional investment

 15-3    management services, financial consultants, independent auditors,

 15-4    attorneys, and actuaries.  Only the board may enter into those

 15-5    contracts and may establish a reasonable fee for compensation.

 15-6          SECTION 35.  Subsection (a), Section 7.51, Chapter 824, Acts

 15-7    of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil

 15-8    Statutes), is amended to read as follows:

 15-9          (a)  A member of the board or the executive director may not

15-10    buy, sell, or exchange any property to or from the fund, deal with

15-11    the assets of the fund in the person's own interest or for the

15-12    person's own account, or receive any consideration for the person's

15-13    personal account from any person dealing with the fund in

15-14    connection with the income or assets of the fund [have a direct or

15-15    indirect interest, including a financial interest, engage in a

15-16    business transaction or professional activity, or incur an

15-17    obligation of any nature that is in substantial conflict with the

15-18    proper discharge of the member's or the executive director's

15-19    fiduciary duties].

15-20          SECTION 36.  Chapter 824, Acts of the 73rd Legislature, 1993

15-21    (Article 6243o, Vernon's Texas Civil Statutes), is amended by

15-22    adding Article 8 to read as follows:

15-23                      ARTICLE 8.  EXCESS BENEFIT PLAN

15-24                   FOR FIRE FIGHTERS AND POLICE OFFICERS

15-25          Sec. 8.01.  CREATION OF PLAN.  A separate, nonqualified,

15-26    unfunded excess benefit plan containing the provisions of this

15-27    subchapter is created outside the fund.  The plan is intended to be

15-28    a "qualified governmental excess benefit arrangement" within the

15-29    meaning of Section 415(m) of the code.

15-30          Sec. 8.02.  DEFINITIONS.  In this article:

15-31                (1)  "Excess benefit participant" means any member

15-32    whose retirement benefits as determined on the basis of all

15-33    qualified plans, without regard to the limitations of Section

15-34    5.11(a) of this Act and comparable provisions of other qualified

15-35    plans, would exceed the maximum benefit under Section 415 of the

15-36    code.

15-37                (2)  "Excess benefit plan" means the excess benefit

15-38    plan created by this article for the benefit of eligible members.

15-39                (3)  "Maximum benefit" means the retirement benefit a

15-40    member or the member's spouse, dependent child, or dependent parent

15-41    is entitled to receive from all qualified plans in any month after

15-42    applying Section 5.11(a) of this Act and any similar provisions of

15-43    any other qualified plans designed to conform to Section 415 of the

15-44    code.

15-45                (4)  "Qualified plan" means the fund and any other plan

15-46    that is maintained by the municipality for the exclusive benefit of

15-47    some or all of the members of the fund and that  has been found by

15-48    the Internal Revenue Service to be qualified or has been treated by

15-49    the municipality as a qualified plan under Section 401 of the code.

15-50                (5)  "Unrestricted benefit" means the monthly

15-51    retirement benefit a member or the member's spouse, dependent

15-52    child, or dependent parent would have received under the terms of

15-53    all qualified plans except for the restrictions of Section 5.11(a)

15-54    of this Act and any similar provisions of any other qualified plans

15-55    designed to conform to Section 415 of the code.

15-56          Sec. 8.03.  EXCESS BENEFIT ENTITLEMENT.  (a)  An excess

15-57    benefit participant who is receiving benefits from the fund is

15-58    entitled to a monthly benefit under the excess benefit plan in an

15-59    amount equal to the lesser of:

15-60                (1)  the member's unrestricted benefit less the maximum

15-61    benefit; or

15-62                (2)  the amount by which the member's monthly benefit

15-63    from the fund has been reduced because of the limitations under

15-64    Section 415 of the code.

15-65          (b)  In the case of the death of an excess benefit

15-66    participant whose spouse, dependent child, or dependent parent is

15-67    entitled to preretirement or postretirement death benefits under a

15-68    qualified plan, the spouse, dependent child, or dependent parent is

15-69    entitled to a monthly benefit under the excess benefit plan equal

 16-1    to the benefit determined in accordance with Article 6 of this Act

 16-2    without regard to the limitations under Section 5.11(a) of this Act

 16-3    or Section 415 of the code, less the maximum benefit.

 16-4          (c)  Any benefit to which any person is entitled under this

 16-5    section shall be paid at the same time and in the same manner as

 16-6    the benefit would have been paid from the fund if payment of the

 16-7    benefit from the fund had not been precluded by Section 5.11(a) of

 16-8    this Act.  An excess benefit participant or any beneficiary may not

 16-9    elect to defer the receipt of all or any part of a payment due

16-10    under this article.

16-11          Sec. 8.04.  MANNER OF ADMINISTRATION.  (a)  The board shall

16-12    administer the excess benefit plan.  Except as otherwise provided

16-13    by this section, the board has the same rights, duties, and

16-14    responsibilities regarding the excess benefit plan as the board has

16-15    for the fund.

16-16          (b)  A consultant, independent auditor, attorney, or actuary

16-17    selected to perform services for the fund under Section 7.05 of

16-18    this Act shall also perform services for the excess benefit plan,

16-19    but the person's fees for services for the excess benefit plan may

16-20    not be paid by the fund.  The actuary employed under Section 7.05

16-21    of this Act shall advise the board of the amount of benefits that

16-22    may not be provided from the fund solely by reason of the

16-23    limitations of Section 415 of the code and the amount of municipal

16-24    contributions that will be made to the excess benefit plan rather

16-25    than to the fund.

16-26          Sec. 8.05.  FUNDING OF BENEFITS.  (a)  Contributions may not

16-27    be accumulated under the excess benefit plan to pay future

16-28    retirement benefits.  Instead, each payment of municipal

16-29    contributions that would otherwise be made to the fund under

16-30    Section 4.05 of this Act shall be reduced by the amount determined

16-31    by the board as necessary to meet the requirements for retirement

16-32    benefits under the excess benefit plan, including reasonable

16-33    administrative expenses, until the next payment of municipal

16-34    contributions is expected to be made to the fund.  The municipality

16-35    shall then pay to the excess benefit plan out of the withheld

16-36    contributions, not earlier than the 14th day before the date of

16-37    each distribution of monthly retirement benefits is required to be

16-38    made from the excess benefit plan, the amount necessary to satisfy

16-39    the obligation to pay monthly retirement benefits from the excess

16-40    benefit plan.  The board shall satisfy the obligation of the excess

16-41    benefit plan to pay retirement benefits out of the municipal

16-42    contributions transferred for that month.

16-43          (b)  Municipal contributions otherwise required to be made to

16-44    the fund under Section 4.05 of this Act and any other qualified

16-45    plan shall be divided into contributions required to pay retirement

16-46    benefits under this article and contributions paid into and

16-47    accumulated to pay the maximum benefits required under the

16-48    qualified plan.  Municipal contributions made to provide retirement

16-49    benefits under this article may not be commingled with the money of

16-50    the fund or any other qualified plan.

16-51          Sec. 8.06.  EXEMPTIONS.  Benefits under this article are

16-52    exempt from garnishment, assignment, attachment, judgment, and

16-53    other legal process to the same extent as retirement annuities

16-54    under Section 1.05 of this Act.

16-55          SECTION 37.  Subsection (g), Section 5.015 and Subsection

16-56    (c), Section 7.51, Chapter 824, Acts of the 73rd Legislature, 1993

16-57    (Article 6243o, Vernon's Texas Civil Statutes), are repealed.

16-58          SECTION 38.  The amendments to Chapter 824, Acts of the 73rd

16-59    Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),

16-60    by this Act may not be applied to reduce the benefits or length of

16-61    payment of benefits to a beneficiary who was receiving an annuity

16-62    under Chapter 824, Acts of the 73rd Legislature, 1993 (Article

16-63    6243o, Vernon's Texas Civil Statutes), before October 1, 1997.

16-64          SECTION 39.  This Act takes effect October 1, 1997.

16-65          SECTION 40.  The importance of this legislation and the

16-66    crowded condition of the calendars in both houses create an

16-67    emergency and an imperative public necessity that the

16-68    constitutional rule requiring bills to be read on three several

16-69    days in each house be suspended, and this rule is hereby suspended.