By:  Gallegos                                          S.B. No. 900

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     public retirement systems for municipal employees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsections (g) and (l), Section 2, Chapter 358,

 1-5     Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

 1-6     Civil Statutes), are amended to read as follows:

 1-7           (g)  "Employee" means and includes any person whose name

 1-8     appears on a regular full time payroll of any such city or Pension

 1-9     System and who is paid a regular salary for his services.

1-10     Provided, that any elected official who becomes a member of the

1-11     Pension System as permitted by this amended Act shall be considered

1-12     to be and to have been an employee during the period of any service

1-13     as an elected official.

1-14           (l)  "Pension Fund" or "fund" means assets consisting of the

1-15     contributions made by the city, contributions made by any member of

1-16     Group A, and any income derived from investments made from those

1-17     contributions, which are held in trust for the sole benefit of the

1-18     members of the Pension System.

1-19           SECTION 2.  Subsections (a) and (b), Section 11, Chapter 358,

1-20     Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

1-21     Civil Statutes), are amended to read as follows:

1-22           (a)  Any [Group A] member of such Pension System who has

1-23     attained fifty (50) years of age and completed twenty-five (25) or

1-24     more years of credited service, [and any Group A member of such

 2-1     Pension System] who has attained fifty-five (55) years of age and

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

 2-3     Group A member of the Pension System] who has attained sixty (60)

 2-4     years of age and completed ten (10) or more years of credited

 2-5     service, or who has attained sixty-two (62) years of age and

 2-6     completed five (5) or more years of credited service shall be

 2-7     eligible for a pension.

 2-8           (b)  The amount of the monthly pension for each [such] Group

 2-9     A member shall equal the member's average monthly salary multiplied

2-10     by two percent (2%) for each of the member's first twenty (20)

2-11     years of credited service and two and three-quarters [one-half]

2-12     percent (2-3/4%) [(2-1/2%)] for each additional year of credited

2-13     service of such member.  For purposes of this Subsection, such

2-14     average salary shall be computed by adding together the

2-15     seventy-eight (78) highest biweekly salaries paid to a member

2-16     during his period of credited service and dividing the sum by

2-17     thirty-six (36).  Provided, however, that no Group A member's

2-18     pension shall be more than eighty percent (80%) of such average

2-19     salary; and no Group A member's pension shall be less than Eight

2-20     Dollars ($8) a month for each year of credited service, or One

2-21     Hundred Dollars ($100) a month total pension, whichever is the

2-22     greater amount.

2-23           SECTION 3.  Subsection (d), Section 12, Chapter 358, Acts of

2-24     the 48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil

2-25     Statutes), is amended to read as follows:

2-26           (d)(1)  Any Group A member receiving a disability pension in

2-27     accordance with this section or any Group B member receiving a

 3-1     disability pension in accordance with Section 25 of this Act shall,

 3-2     each April 1, submit a sworn affidavit stating his earnings for the

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

 3-4     occupation.  If the earnings together with the disability pension

 3-5     being received by any member exceed the monthly salary of such

 3-6     member at the time of his separation from service, as adjusted

 3-7     annually by cost-of-living adjustments made in the manner provided

 3-8     by Section 11(g) or Section 31 of this Act, the Pension Board shall

 3-9     have authority to reduce the amount of pension.  Failure to submit

3-10     an affidavit of earnings or submission of a materially false

3-11     affidavit shall be cause for suspension of the pension upon proper

3-12     action by the Pension Board.

3-13                 (2)  No member shall receive a disability and service

3-14     pension at the same time.  If [However, in the event] a member who

3-15     is already eligible for retirement is granted a disability pension

3-16     and, thereafter, although his disability ceases to exist, he does

3-17     not return to work for the city, he shall be entitled to receive a

3-18     service pension, calculated in accordance with Section 11 for Group

3-19     A members and Section 24 for Group B members.  Such service pension

3-20     shall be based on actual service up to the time of disability.  If

3-21     a disability does not cease before a member becomes sixty-five (65)

3-22     years of age while continuing to receive a disability pension, the

3-23     Pension System shall reclassify the pension as a service pension,

3-24     without regard to whether the person is otherwise eligible to

3-25     receive a service pension.

3-26                 (3)  When any member has been retired for disability,

3-27     he shall be subject at all times to re-examination by the Pension

 4-1     Board and shall submit himself to such further examination as the

 4-2     Pension Board may require.  If any such member shall refuse to

 4-3     submit himself to any such examination, the Pension Board may,

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

 4-5     member who has been retired under the provisions of this Section

 4-6     should thereafter recover so that in the opinion of the Pension

 4-7     Board he is able to perform the usual and customary duties formerly

 4-8     handled by him for said city, and such member is reinstated or

 4-9     tendered reinstatement to the position he had at the time of his

4-10     retirement, then the Pension Board shall order such pension

4-11     payments stopped.

4-12           SECTION 4.  Section 13, Chapter 358, Acts of the 48th

4-13     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

4-14     is amended to read as follows:

4-15           Sec. 13.  MONTHLY ALLOWANCE TO SURVIVING SPOUSES [WIDOWS] AND

4-16     CHILDREN.  If any Group A or Group B member of the Pension System,

4-17     as herein defined, shall die from any cause whatsoever after having

4-18     completed five (5) [ten (10)] years of service with the city, or

4-19     if, while in the service of the city, any such member shall die

4-20     from any cause growing out of or in consequence of the performance

4-21     of his duty, or shall die after he has been retired on pension

4-22     because of length of service or disability and shall leave a

4-23     surviving spouse [widow or widower], or a qualifying child or

4-24     children [under the age of eighteen (18) years], or both a spouse

4-25     [such widow or widower] and a qualifying child or children, said

4-26     Board shall order paid monthly allowances as follows:

4-27           (a)  To the surviving spouse of a member who dies after

 5-1     having completed five (5) years of service with the city but before

 5-2     beginning to receive retirement benefits or who dies from a cause

 5-3     growing out of or in consequence of the performance of duty with

 5-4     the city [widow or widower], provided she or he shall have married

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

 5-6     [prior to her or his retirement], a sum equal to one-half (1/2) of

 5-7     the retirement benefits that the deceased Group A member would have

 5-8     been entitled to had she or he been totally disabled at the time of

 5-9     her or his retirement or death, but the allowance payable to the

5-10     surviving spouse [any such widow or widower] shall not in any event

5-11     be less than Fifty Dollars ($50) a month.

5-12           (b)  To the surviving spouse of a person who dies after

5-13     having begun to receive retirement benefits, a sum equal to

5-14     seventy-five percent (75%) of the retirement benefits being

5-15     received at the time of the retiree's death, if the surviving

5-16     spouse married the decedent before the decedent terminated

5-17     employment with the city.

5-18           (c)  If there is a surviving spouse, each dependent child

5-19     shall receive a death benefit equal to ten percent (10%) of the

5-20     pension the member would have received if the member had been

5-21     disabled at the time of death, to a maximum of twenty percent (20%)

5-22     for all dependent children.

5-23           (d) [(c)]  If there is no surviving spouse, each dependent

5-24     child shall receive a death benefit equal to twenty percent (20%)

5-25     of the pension the member would have received if the member had

5-26     been disabled at the time of death, to a maximum of forty percent

5-27     (40%) for all dependent children.

 6-1           (e) [(d)]  Benefits payable to each dependent child shall be

 6-2     paid if [until] the child:

 6-3                 (1)  is younger than [becomes] eighteen (18) years of

 6-4     age and unmarried;

 6-5                 (2)  is a full-time student and younger than

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

 6-7                 (3)  is permanently and totally disabled because of

 6-8     illness, injury, or retardation.

 6-9           (f)  Benefits for a dependent child are [or marries and shall

6-10     be] payable to the guardian of the child.  The term "guardian," as

6-11     used in this subsection, means the person who has the primary

6-12     responsibility for a child's care and support, for example, the

6-13     surviving spouse, legal guardian, managing conservator, or any

6-14     other person with a similar legal relationship to the child.

6-15           SECTION 5.  Section 24, Chapter 358, Acts of the 48th

6-16     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

6-17     is amended to read as follows:

6-18           Sec. 24.  AMOUNT OF PENSION.  [(a)]  The amount of the normal

6-19     pension payable to a retired Group B member shall equal the

6-20     member's average monthly salary multiplied by one and one-quarter

6-21     percent (1-1/4%) for each of the member's first ten (10) years of

6-22     credited service, one and three-fifths percent (1-3/5%) for each of

6-23     the next ten (10) years of credited service, and two [one and

6-24     three-quarters] percent (2%) [(1-3/4%)] for each additional year,

6-25     taken to the nearest twelfth (12th) of a year, in the period of

6-26     credited service.  The normal pension of a retired Group B member

6-27     may not exceed eighty percent (80%) of the member's average monthly

 7-1     salary computed under this section.  Average monthly salary shall

 7-2     be the average of the seventy-eight (78) highest biweekly salaries

 7-3     during a member's period of credited service.

 7-4           SECTION 6.  Subsection (a), Section 28, Chapter 358, Acts of

 7-5     the 48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil

 7-6     Statutes), is amended to read as follows:

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

 7-8     of a Group B member shall be eligible for a death benefit, if the

 7-9     member died before September 1, 1997 [dies]:

7-10                 (1)  from any cause while in service of the city and

7-11     has five (5) years of credited service; or

7-12                 (2)  from any cause while in service of the city in

7-13     consequence of the performance of his duty.

7-14           SECTION 7.  Subsection (a), Section 29, Chapter 358, Acts of

7-15     the 48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil

7-16     Statutes), is amended to read as follows:

7-17           (a)  A Group B member who terminated employment with the city

7-18     or the Pension System before September 1, 1997, may elect at the

7-19     time of retirement or termination of employment to have his normal

7-20     or early pension paid under one of the options provided by

7-21     Subsection (b) of this section.

7-22           SECTION 8.  Chapter 358, Acts of the 48th Legislature, 1943

7-23     (Article 6243g, Vernon's Texas Civil Statutes), is amended by

7-24     adding Sections 31B, 31C, and 31D to read as follows:

7-25           Sec. 31B.  DEFERRED RETIREMENT OPTION PLAN.  (a)  In this

7-26     section:

7-27                 (1)  "DROP" means the deferred retirement option plan

 8-1     established under this Act.

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

 8-3     balance at the time the member terminates active service.

 8-4                 (3)  "DROP member" means a Pension System member who is

 8-5     participating in the DROP.

 8-6           (b)  The Board shall design and implement a deferred

 8-7     retirement option plan for members of the Pension System.

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

 8-9     pension under this Act and who remains in active service with the

8-10     city may file with the Pension System an election to participate in

8-11     the DROP and receive a DROP benefit.  Except as otherwise provided

8-12     by this section, an election to participate in the DROP is

8-13     irrevocable.  The effective date of a member's participation in the

8-14     DROP is the first day of the first month following the month in

8-15     which the Board approves the member's DROP election.

8-16           (d)  Credits to a member's DROP account consist of:

8-17                 (1)  a monthly amount equal to the member's normal

8-18     accrued monthly retirement benefit on the effective date of the

8-19     member's participation in the DROP, adjusted for cost-of-living

8-20     adjustments that occur on or after the effective date of the DROP

8-21     and that otherwise would apply to the benefit;

8-22                 (2)  a Plan A member's regular biweekly contributions;

8-23     and

8-24                 (3)  interest on the member's DROP account balance

8-25     computed at a rate determined by the Board and compounded at

8-26     intervals designated by the Board, but at least once in each

8-27     thirteen-month period.

 9-1           (e)  Credits to a member's DROP account begin on the

 9-2     effective date of the member's participation in the DROP and

 9-3     continue until the DROP member terminates active service with the

 9-4     city.  Amounts are creditable for partial crediting periods.

 9-5     Credits may not be made to a member's DROP account for a period

 9-6     that occurs after the member terminates active service with the

 9-7     city.

 9-8           (f)  A DROP member who terminates active service with the

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

9-10     or in periodic payments, plus a monthly retirement benefit.  The

9-11     Board shall determine a reasonable time for lump-sum and periodic

9-12     DROP benefit payments and shall approve the monthly retirement

9-13     benefit.  Normal retirement benefits cease to accrue on the

9-14     effective date of a member's participation in the DROP, and the

9-15     monthly retirement benefit approved by the Board for payment after

9-16     the member terminates active service is based on the member's 78

9-17     highest biweekly salaries.

9-18           (g)  The beneficiaries of a deceased DROP member may

9-19     collectively revoke the deceased member's election to participate

9-20     in the DROP.

9-21           (h)  A DROP member is ineligible for disability benefits

9-22     provided by this Act, except that a DROP member who incurs an

9-23     on-duty, service-related disability may revoke the member's DROP

9-24     election.

9-25           (i)  A DROP election revocation must be made at a time and in

9-26     a manner determined by the Board.  After revocation, the balance in

9-27     the DROP account reverts to the Pension System, a distribution of

 10-1    DROP benefits may not be made to the member or the member's

 10-2    beneficiaries, and the benefits based on the member's service will

 10-3    be determined as if the member's DROP election had never occurred.

 10-4          (j)  If an unanticipated actuarial cost occurs in

 10-5    administering the DROP, the Board, on the advice of the Pension

 10-6    System's actuary, may take action necessary to mitigate the

 10-7    unanticipated cost, including refusal to accept additional

 10-8    elections to participate in the plan, but the Pension System shall

 10-9    continue to administer the plan for the members participating in

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

10-11          Sec. 31C.  MAXIMUM BENEFITS FROM THE FUND.  (a)  The fund

10-12    created by this Act is for the exclusive benefit of the members,

10-13    retirees, and their survivors.  No part of the corpus or income of

10-14    the fund may ever be used for, or diverted to, any purpose other

10-15    than the benefit of members, retirees, and their survivors as

10-16    provided in this Act.

10-17          (b)  A member, retiree, or survivor of a member or retiree of

10-18    the Pension System may not accrue a retirement pension, disability

10-19    retirement allowance, death benefit allowance, DROP benefit, or any

10-20    other benefit under this Act in excess of the benefit limits

10-21    applicable to the fund under Section 415 of the Internal Revenue

10-22    Code of 1986.  The Board shall reduce the amount of any benefit

10-23    that exceeds those limits by the amount of the excess.  If total

10-24    benefits under this fund and the benefits and contributions to

10-25    which any member is entitled under any other qualified plans

10-26    maintained by the city that employs the member would otherwise

10-27    exceed the applicable limits under Section 415 of the Internal

 11-1    Revenue Code of 1986, the benefits the member would otherwise

 11-2    receive from the fund shall be reduced to the extent necessary to

 11-3    enable the benefits to comply with Section 415.

 11-4          (c)  Any member or survivor who receives any distribution

 11-5    that is an eligible rollover distribution as defined by Section

 11-6    402(c)(4) of the Internal Revenue Code of 1986 is entitled to have

 11-7    that distribution transferred directly to another eligible

 11-8    retirement plan of the member's or survivor's choice on providing

 11-9    direction to the Pension System regarding that transfer in

11-10    accordance with procedures established by the Board.

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

11-12    any member or retiree of the Pension System may not exceed $200,000

11-13    for any year for an eligible participant, or $150,000 a year for an

11-14    ineligible participant.  These dollar limits shall be adjusted from

11-15    time to time in accordance with guidelines provided by the

11-16    secretary of the treasury.  For purposes of this subsection, an

11-17    eligible participant is a person who first became a member before

11-18    1996, and an ineligible participant is a member who is not an

11-19    eligible participant.

11-20          (e)  Accrued benefits under this Act become 100 percent

11-21    vested for a member on the date the member has completed five (5)

11-22    years of service.

11-23          (f)  Amounts representing forfeited nonvested benefits of

11-24    terminated members may not be used to increase benefits payable

11-25    from the fund but may be used to reduce contributions for future

11-26    plan years.

11-27          (g)  Distributions of benefits must begin not later than

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

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

 12-3    the employer, if later, and must otherwise conform to Section

 12-4    401(a)(9) of the Internal Revenue Code of 1986.

 12-5          (h)  If the amount of any benefit is to be determined on the

 12-6    basis of actuarial assumptions that are not otherwise specifically

 12-7    set forth for that purpose in this Act, the actuarial assumptions

 12-8    to be used are those earnings and mortality assumptions being used

 12-9    on the date of the determination by the fund's actuary and approved

12-10    by the Board.  The actuarial assumptions being used at any

12-11    particular time shall be attached as an addendum to a copy of this

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

12-13    actuarial assumptions may be changed by the fund's actuary at any

12-14    time if approved by the Board, but a change in actuarial

12-15    assumptions may not result in any decrease in benefits accrued as

12-16    of the effective date of the change.

12-17          (i)  To the extent permitted by law, the Board may adjust the

12-18    benefits of retirees and survivors by increasing any benefit that

12-19    was reduced because of Section 415 of the Internal Revenue Code of

12-20    1986.  If Section 415 is amended to permit the payment of amounts

12-21    previously precluded under that section, the Board may adjust the

12-22    benefits of retirees and survivors, including the restoration of

12-23    benefits previously denied.  Benefits paid under this subsection

12-24    are not considered as extra compensation earned after retirement

12-25    but as the delayed payment of benefits earned before retirement.

12-26          Sec. 31D.  EXCESS BENEFIT PLAN.  (a)  A separate,

12-27    nonqualified, unfunded excess benefit plan is created outside the

 13-1    fund.

 13-2          (b)  In this section:

 13-3                (1)  "Excess benefit plan" means the separate,

 13-4    nonqualified, unfunded excess benefit plan created by this section

 13-5    for the benefit of eligible members, as amended or restated from

 13-6    time to time, that is intended to be a "qualified governmental

 13-7    excess benefit arrangement" within the meaning of Section 415(m) of

 13-8    the Internal Revenue Code of 1986.

 13-9                (2)  "Qualified plan" means the fund and any other plan

13-10    maintained by the city for the exclusive benefit of some or all of

13-11    the members of the fund that has been found by the Internal Revenue

13-12    Service to be qualified or has been treated by the city as a

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

13-14    1986.

13-15                (3)  "Maximum benefit" means the retirement benefit a

13-16    retiree and the spouse or dependent child of a retiree or deceased

13-17    member or retiree are entitled to receive from all qualified plans

13-18    in any month after giving effect to Section 31C of this Act and any

13-19    similar provisions of any other qualified plans designed to conform

13-20    to Section 415 of the Internal Revenue Code of 1986.

13-21                (4)  "Excess benefit participant" means any retiree

13-22    whose retirement benefits, as determined on the basis of all

13-23    qualified plans without regard to the limitations of Section 31C of

13-24    this Act and comparable provisions of other qualified plans, would

13-25    exceed the maximum benefit permitted under Section 415 of the

13-26    Internal Revenue Code of 1986.

13-27                (5)  "Unrestricted benefit" means the monthly

 14-1    retirement benefit a retiree and the surviving spouse and dependent

 14-2    child of a retiree or deceased member or retiree would have

 14-3    received under the terms of all qualified plans except for the

 14-4    restrictions of Section 31C of this Act and any similar provisions

 14-5    of any other qualified plans designed to conform to Section 415 of

 14-6    the Internal Revenue Code of 1986.

 14-7          (c)  An excess benefit participant who is receiving benefits

 14-8    from the fund is entitled to a monthly benefit under this excess

 14-9    benefit plan in an amount equal to the lesser of:

14-10                (1)  the member's unrestricted benefit less the maximum

14-11    benefit; or

14-12                (2)  the amount by which the member's monthly benefit

14-13    from the fund has been reduced because of the limitations of

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

14-15          (d)  If a surviving spouse or dependent child is entitled to

14-16    preretirement or postretirement death benefits under a qualified

14-17    plan after the death of an excess benefit participant, the

14-18    surviving spouse or dependent child is entitled to a monthly

14-19    benefit under the excess benefit plan equal to the benefit

14-20    determined in accordance with this Act, without regard to the

14-21    limitations under Section 31C of this Act or Section 415 of the

14-22    Internal Revenue Code of 1986, less the maximum benefit.

14-23          (e)  Any benefit to which a person is entitled under this

14-24    section shall be paid at the same time and in the same manner as

14-25    the benefit would have been paid from the fund if payment of the

14-26    benefit from the fund had not been precluded by Section 31C of this

14-27    Act.  An excess benefit participant or any beneficiary may not,

 15-1    under any circumstances, elect to defer the receipt of all or any

 15-2    part of a payment due under this section.

 15-3          (f)  The Board shall administer this plan, and the executive

 15-4    director also shall carry out the business of the Board with

 15-5    respect to this plan.  Except as otherwise provided by this

 15-6    section, the rights, duties, and responsibilities of the Board and

 15-7    the executive director are the same for this plan as for the fund.

 15-8          (g)  The consultants, independent auditors, attorneys, and

 15-9    actuaries selected to perform services for the fund also shall

15-10    perform services for this plan, but their fees for their services

15-11    may not be paid by the fund.  The actuary engaged to perform

15-12    services for the fund shall advise the Board of the amount of

15-13    benefits that may not be provided from the fund solely by reason of

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

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

15-16    plan rather than to the fund.

15-17          (h)  Contributions may not be accumulated under this plan to

15-18    pay future retirement benefits.  Instead, each payment of employer

15-19    contributions that would otherwise be made to the fund under

15-20    Section 8 of this Act shall be reduced by the amount determined by

15-21    the executive director as necessary to meet the requirements for

15-22    retirement benefits under this plan, including reasonable

15-23    administrative expenses, until the next payment of municipal

15-24    contributions is expected to be made to the fund.  The employer

15-25    shall then pay to this plan, from the withheld contributions, not

15-26    earlier than the 30th day before the date each distribution of

15-27    monthly retirement benefits is required to be made from this plan,

 16-1    the amount necessary to satisfy the obligation to pay monthly

 16-2    retirement benefits from this plan.  The executive director shall

 16-3    satisfy the obligation of this plan to pay retirement benefits from

 16-4    the employer contributions so transferred for that month.

 16-5          (i)  Employer contributions otherwise required to be made to

 16-6    the fund under Section 8 of this Act and any other qualified plan

 16-7    shall be divided into those contributions required to pay

 16-8    retirement benefits under this section and those contributions paid

 16-9    into and accumulated to pay the maximum benefits required under the

16-10    qualified plan.  Employer contributions made to provide retirement

16-11    benefits under this section may not be commingled with the money of

16-12    the fund or any other qualified plan.

16-13          (j)  Benefits under this section are exempt from execution,

16-14    attachment, garnishment, assignment, injunction, and other writ in

16-15    the same manner as retirement annuities under Section 20 of this

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

16-17    would have received the benefits from the fund except for Section

16-18    31C of this Act.

16-19          SECTION 9.  Subsections (b) and (g), Section 11, Chapter 358,

16-20    Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

16-21    Civil Statutes), are amended to read as follows:

16-22          (b)  Effective July 1, 1998, the amount of the monthly

16-23    pension for each Group A member shall equal the member's average

16-24    monthly salary multiplied by two and one-quarter percent (2-1/4%)

16-25    for each of the member's first twenty (20) years of credited

16-26    service and two and three-quarters percent (2-3/4%) for each

16-27    additional year of credited service of the member.  From September

 17-1    1, 1997, through June 30, 1998, the [The] amount of the monthly

 17-2    pension for each such Group A member shall equal the member's

 17-3    average monthly salary multiplied by two percent (2%) for each of

 17-4    the member's first twenty (20) years of credited service and two

 17-5    and one-half percent (2-1/2%) for each additional year of credited

 17-6    service of such member.  For purposes of this Subsection, such

 17-7    average salary shall be computed by adding together the

 17-8    seventy-eight (78) highest biweekly salaries paid to a member

 17-9    during his period of credited service and dividing the sum by

17-10    thirty-six (36).  Provided, however, that no Group A member's

17-11    pension shall be more than eighty percent (80%) of such average

17-12    salary; and no Group A member's pension shall be less than Eight

17-13    Dollars ($8) a month for each year of credited service, or One

17-14    Hundred Dollars ($100) a month total pension, whichever is the

17-15    greater amount.

17-16          (g)  Pensions [Effective January 1, 1992, pensions] for all

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

17-18    upward by three and one-half percent (3-1/2%), not compounded [or

17-19    downward in accordance with the percentage change in the Consumer

17-20    Price Index for All Urban Consumers (CPI) for the preceding year as

17-21    determined by the United States Department of Labor.  The adjusted

17-22    pension may never be less than the basic pension that the retired

17-23    member or survivor would otherwise be entitled to receive without

17-24    regard to changes in the CPI.  The adjusted pension may never be

17-25    greater than the basic pension plus increases of not to exceed four

17-26    percent (4%) annually, not compounded, notwithstanding a greater

17-27    increase in the CPI].

 18-1          SECTION 10.  Effective July 1, 1998, Section 13, Chapter 358,

 18-2    Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g,

 18-3    Vernon's Texas Civil Statutes), is amended to read as follows:

 18-4          Sec. 13.  MONTHLY ALLOWANCE TO SURVIVING SPOUSES [WIDOWS] AND

 18-5    CHILDREN.  If any Group A or Group B member of the Pension System,

 18-6    as herein defined, shall die from any cause whatsoever after having

 18-7    completed five (5) [ten (10)] years of service with the city, or

 18-8    if, while in the service of the city, any such member shall die

 18-9    from any cause growing out of or in consequence of the performance

18-10    of his duty, or shall die after he has been retired on pension

18-11    because of length of service or disability and shall leave a

18-12    surviving spouse [widow or widower], or a qualifying child or

18-13    children [under the age of eighteen (18) years], or both a

18-14    surviving spouse [such widow or widower] and a qualifying child or

18-15    children, said Board shall order paid monthly allowances as

18-16    follows:

18-17          (a)  To the surviving spouse of a member who dies after

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

18-19    before beginning to receive retirement benefits [widow or widower],

18-20    provided she or he shall have married such member before the

18-21    decedent terminated employment with the city [prior to her or his

18-22    retirement], a sum equal to one-half (1/2) of the retirement

18-23    benefits that the deceased [Group A] member would have been

18-24    entitled to had she or he been totally disabled at the time of her

18-25    or his retirement or death, but the allowance payable to the

18-26    surviving spouse [any such widow or widower] shall not in any event

18-27    be less than Fifty Dollars ($50) a month.

 19-1          (b)  To the surviving spouse of a member who dies from a

 19-2    cause growing out of or in consequence of the performance of duty

 19-3    with the city, a sum equal to eighty percent (80%) of the deceased

 19-4    member's final average salary.

 19-5          (c)  To the surviving spouse of a member who dies after

 19-6    having begun to receive retirement benefits, a sum equal to

 19-7    seventy-five percent (75%) of the retirement benefits being

 19-8    received at the time of the retiree's death, if the surviving

 19-9    spouse married the decedent before the decedent terminated

19-10    employment with the city.

19-11          (d)  If there is a surviving spouse, each dependent child

19-12    shall receive a death benefit equal to ten percent (10%) of the

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

19-14    disabled at the time of death, to a maximum of twenty percent (20%)

19-15    for all dependent children.

19-16          (e) [(c)]  If there is no surviving spouse, each dependent

19-17    child shall receive a death benefit equal to twenty percent (20%)

19-18    of the pension the member would have received if the member had

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

19-20    (40%) for all dependent children.

19-21          (f) [(d)]  Benefits payable to each dependent child shall be

19-22    paid if [until] the child:

19-23                (1)  is younger than [becomes] eighteen (18) years of

19-24    age and unmarried;

19-25                (2)  is a full-time student and younger than

19-26    twenty-three (23) years of age; or

19-27                (3)  is permanently and totally disabled because of

 20-1    illness, injury, or retardation.

 20-2          (g)  Benefits for a dependent child are [or marries and shall

 20-3    be] payable to the guardian of the child.  The term "guardian," as

 20-4    used in this subsection, means the person who has the primary

 20-5    responsibility for a child's care and support, for example, the

 20-6    surviving spouse, legal guardian, managing conservator, or any

 20-7    other person with a similar legal relationship to the child.

 20-8          SECTION 11.  Effective July 1, 1998, Section 24, Chapter 358,

 20-9    Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

20-10    Civil Statutes), is amended to read as follows:

20-11          Sec. 24.  AMOUNT OF PENSION.  [(a)]  The amount of the normal

20-12    pension payable to a retired Group B member shall equal the

20-13    member's average monthly salary multiplied by one and one-half

20-14    [one-quarter] percent (1-1/2%) [(1-1/4%)] for each of the member's

20-15    first ten (10) years of credited service, one and three-quarters

20-16    [three-fifths] percent (1-3/4%) [(1-3/5%)] for each of the next ten

20-17    (10) years of credited service, and two [one and three-quarters]

20-18    percent (2%) [(1-3/4%)] for each additional year, taken to the

20-19    nearest twelfth (12th) of a year, in the period of credited

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

20-21    exceed eighty percent (80%) of the member's average monthly salary

20-22    computed under this section.  Average monthly salary shall be the

20-23    average of the seventy-eight (78) highest biweekly salaries during

20-24    a member's period of credited service.

20-25          SECTION 12.  Section 31, Chapter 358, Acts of the 48th

20-26    Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

20-27    is amended to read as follows:

 21-1          Sec. 31.  POSTRETIREMENT ADJUSTMENTS.  Pensions for all Group

 21-2    B members or their survivors [All pensions] shall be adjusted

 21-3    annually upward by three and one-half percent (3-1/2%), not

 21-4    compounded [or downward in accordance with the percentage change in

 21-5    the Consumer Price Index for All Urban Consumers (CPI) for the

 21-6    preceding year as determined by the United States Department of

 21-7    Labor.  The adjusted pension shall never be less than the basic

 21-8    pension which the retired member or survivor would otherwise be

 21-9    entitled to receive without regard to changes in the CPI.  The

21-10    adjusted pension shall never be greater than the basic pension plus

21-11    increases of not to exceed four percent (4%) annually, not

21-12    compounded, notwithstanding a greater increase in the CPI].

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

21-14    Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

21-15    is repealed.

21-16          SECTION 14.  (a)  Except as provided by Subsection (b) of

21-17    this section or as expressly provided in the changes in law made by

21-18    this Act, the changes in the benefits payable under Chapter 358,

21-19    Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

21-20    Civil Statutes), apply only to retirements or deaths, as

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

21-22    changes.

21-23          (b)  Section 13, Chapter 358, Acts of the 48th Legislature,

21-24    1943 (Article 6243g, Vernon's Texas Civil Statutes), as amended by

21-25    Section 4 of this Act, applies to deaths that occur on or after the

21-26    effective date of that section, without regard to the date of a

21-27    retiree's retirement.

 22-1          (c)  Except as otherwise provided by this Act, this Act takes

 22-2    effect September 1, 1997.

 22-3          SECTION 15.  The importance of this legislation and the

 22-4    crowded condition of the calendars in both houses create an

 22-5    emergency and an imperative public necessity that the

 22-6    constitutional rule requiring bills to be read on three several

 22-7    days in each house be suspended, and this rule is hereby suspended.