SRC-JXG H.B. 3531 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3531
76R11930 GCH-FBy: Coleman (Gallegos)
Intergovernmental Relations
5/4/1999
Engrossed


DIGEST 

Currently, Texas law provides that a person receiving benefits from a city
pension plan in certain large municipalities is not eligible to receive a
pension from another city pension system. Retired police officers and
firefighters from the City of Houston interested in providing their
services to the city in a municipal position, are deterred. In addition,
elected officials and appointed executive officers are subject to term
limits which restrict their opportunity to accrue meaningful pension
benefits under the current plan, causing the city difficulty in attracting
qualified personnel to serve in executive positions. H.B. 3531 would create
an executive official pension plan to provide eligible executive officials
affected by term limits with an incentive to serve in a public position and
receive retirement benefits for their service, and would remove eligibility
restriction to allow persons receiving pension benefits from a municipal
pension system to become eligible to become members of another pension
system. H.B. 3531 would also authorize the municipal pension board to
establish a proportionate retirement program to allow an employee to use
combined credited service in the participating retirement systems.   

PURPOSE

As proposed, H.B. 3531 sets forth provisions regarding membership, credit,
benefits, and administration of retirement systems for officers and
employees of certain municipalities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the  municipal pension board SECTION 4
(Section 33A(l), Article 6243g, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 4, Article 6243g, V.T.C.S., to delete text
regarding persons drawing a pension from any system. 

SECTION 2. Amends Chapter 358, Article 6243g, V.T.C.S., by adding Section
16B, as follows: 

Sec. 16B. TRANSFER OF MEMBERSHIP. (a) Authorizes the pension board of the
pension system of retirement and disability plans for employees of cities
of 1,500,000 or more (board) to authorize a person who is a member of the
pension system of retirement and disability plans for employees of cities
of 1,500,000 or more (pension system) as previously authorized by this Act,
who is in a position covered by another retirement system to which the city
contributes, and who has not begun to receive payment of benefits from the
pension system to make a one-time irrevocable election, on a date and in  a
manner to be established by the board, to cease to be a member of the
pension system and, for future service only, become a member of the
retirement system governed by Article 6243e.2(1) or 6243g-3, V.T.C.S.;
Article 6243g-1, V.T.C.S.; or a successor statute to any of those laws. 

(b) Provides that a person who does not make an election to cease
membership in the pension system under Subsection (a) of this section
remains a member of the pension system as authorized under this Act. 

(c) Provides that  a person who makes an election to cease membership in
the pension system  is considered to have separated from service on the
date of the election established by the board, for purposes of this Act. 

SECTION 3. Amends Chapter 358, Article 6243g, V.T.C.S., by adding Section
22A, as follows: 

Sec. 22A. GROUP C MEMBERSHIP, SERVICE REQUIREMENTS, AND BENEFITS. (a)
Provides that a Group C member is subject to the same provisions that are
applicable to Group A members under this Act except as otherwise
specifically provided by this section.  

 (b) Defines "credited service," "effective date of participation," and
"executive official."  

(c) Provides that all executive officials are members of Group C, except
that an executive official may elect not to participate in Group C by
making the election in writing on a form provided by and filed with the
pension system no later than the 30th day after the date the executive
official becomes eligible to participate in Group C. Provides that the
election is effective retroactive to the first day of the executive
official's eligibility. Provides that an election not to participate is
irrevocable and constitutes a waiver of all benefits provided by the plan.
Requires an executive official who elects not to participate in Group C to
participate in Group A or Group B under this Act, as applicable. 

(d) Provides that a Group C member who separates from service for any
reason other than death or retirement is eligible to receive a refund of
the member's Group C contributions from the plan. Requires the distribution
to be made in the form and at the time prescribed by the board. Provides
that a member who receives a refund of the member's contribution from the
plan under this subsection forfeits the member's credited service, and all
rights to benefits under the plan and membership in the plan terminate. 

(e) Provides that credited service accrues only beginning on the date the
member's most recent eligibility as an executive official began, if an
executive official who has terminated membership in Group C under
Subsection (d) subsequently becomes eligible for membership in the plan
under Subsection (c). 

(f) Authorizes a person who receives a refund under Subsection (d) and is
reemployed and resumes membership under this Act to restore the credited
service forfeited under Subsection (d) by filing a written election form
with the board after the reemployment and repaying the amount of the
member's contributions previously withdrawn under Subsection (d) within the
earlier of five years after the date of the member's election or 60 days
after the date of the member's separation from service, with interest on
that amount at the rate of six percent. Prohibits credited service from
being restored until complete repayment is made to the fund. 

(g) Requires a Group C member to receive twice the number of actual years
of credited service in Group C solely for the purpose of fulfilling the
eligibility requirements for a normal retirement pension in Group C as
provided by Subsection (h). Requires the actual years of credited service
in Group C to be used, for all other computations under this Act. 

(h) Provides that a Group C member who ceases to be an executive official
is eligible for a normal retirement pension when the official separates
from service and fulfills the requirement for age and years of credited
service applicable to Group A members for a normal retirement pension under
Section 11 of this Act, or attains 65 years of age with any amount of
credited service. 

(i) Provides that the amount of the monthly pension for each Group C
member equals the member's average monthly salary multiplied by two times
the percentage accrual rate in effect for Group A members and by the
member's actual years of credited service in Group C. Requires the member's
average monthly salary to be computed by adding together the 78 highest
biweekly salaries paid to a member during the member's period of credited
service and dividing the sum by 36, or, if the member has less than 78
total biweekly salaries, by multiplying 26 times the average of all of the
member's biweekly salaries and dividing by 12, for purposes of this
subsection. Prohibits, however, a Group C member's pension from  being more
than 80 percent of the member's average monthly salary and from being less
than the greater of $8 a month for each year of credited service or a total
of $100 a month. 

(j) Provides that any previous service of a Group C member in Group A or
Group B is governed by the applicable Group A or Group B provisions of this
Act and may not be credited to Group C. Prohibits Group C service from
being credited to Group A or Group B. 

(k) Provides that this section applies to a plan member only while the
individual is an eligible executive official, except as provided by
Subsection (j). Requires an individual who ceases to be an executive
official and transfers to a municipal position covered by Group A to
participate in Group A but does not forfeit Group C service and remains
eligible for normal retirement for Group C service as provided under
Subsection (h) of this section. 

SECTION 4. Amends Chapter 358, Article 6243g. V.T.C.S., by adding Section
33A, as follows: 

Sec. 33A. PROPORTIONATE RETIREMENT PROGRAM WITH PARTICIPATING RETIREMENT
SYSTEMS. (a) Authorizes the board to establish a program of proportionate
retirement benefits subject to the requirements of this section.  

(b) Defines "combined service credit," "eligible participant," "maximum
benefit," "participating retirement system," and "service credit."  

(c) Provides that participation by the pension system in the proportionate
retirement program is voluntary. Authorizes the board to elect to
participate in the proportionate retirement program by adopting a
resolution to that effect. Requires the board to notify the other
participating retirement systems of election, on adoption. Provides that
the effective date  of participation in the proportionate retirement
program for which an election is made is the first day of the third month
after the month in which notice is given. Authorizes participation in the
proportionate retirement program by the pension system to be terminated by
board resolutions for any reason, except that the proportionate retirement
program will be continued by the pension system for eligible participants
who are actively employed at the time of the termination and remain
actively employed without a break in service. Requires the board to notify
the other participating retirement systems of the termination, on adoption
of a resolution of termination. Provides that the effective date of
termination from the proportionate retirement program is the first day of
the month following the month in which notice is given. 

(d) Provides that an eligible participant's combined service credit is
usable solely for determining eligibility for service retirement benefits.
Provides that the amount of a benefit payable by the pension system is
determined according to and in the manner prescribed by the statutes and
rules governing the pension system and is based solely on an eligible
participant's service credit in the pension system and allowable maximum
benefit. Provides that the pension system has sole responsibility and
discretion to determine the eligibility of eligible participants for
benefits.  

(e) Provides that a person who withdraws pension contributions from a
participating retirement system ceases to be a member of that participating
retirement system. Authorizes membership and service credit for which
contributions were withdrawn or otherwise forfeited to be reestablished
under the statutes and rules governing that system. Requires all service in
a participating retirement system for which the person withdrew
contributions or that was otherwise forfeited to be reinstated in
accordance with the statutes and rules applicable to that system, to be
counted as combined service credit. Provides that a lump-sum distribution
is governed by the statutes and rules applicable to the particular
retirement system.  

(f) Provides that a person who has service credit in another participating
retirement system for which the person is receiving or may become eligible
to receive a benefit from the other system is not eligible to vote in a
board election or hold a position on the board. 

 (g) Requires the board to make determinations regarding an eligible
participant's combined service credit based on complete and certified
records of a participating retirement system, including the pension system,
and of the city. 

(h) Provides that the provisions of Sections 15 and 16 of this Act
pertaining to interruption of service and termination of employment do not
apply to an eligible participant to the extent the participant is absent
from service covered by the pension system during a period for which the
participant earns credit in another participating retirement system for
service performed for the city in an amount sufficient to meet the
length-of-service requirement, using combined service credit, for a
retirement benefit from the participating retirement system. 
 
(i) Authorizes a proportionate retirement benefit to be paid by the pension
system under the proportionate retirement program to an eligible
participant who fulfills the requirements for receiving a proportionate
retirement benefit in the pension system using combined service credit only
if the participant is eligible to receive and has applied for proportionate
retirements benefits from the applicable other participating retirement
systems. Prohibits an eligible participant from becoming eligible to begin
receiving a proportionate retirement benefit from the pension system while
employed in a position covered by the pension system. 

(j) Provides that the pension system is governed solely by its own
statutory provisions, policies, and procedures relating to disability
benefit determinations for members who apply for a disability pension from
the pension system, except that if an eligible participant has combined
service credit from any other participating retirement system in addition
to this system, files for a disability pension for the first time as a
member of the other participating retirement system, is otherwise eligible
for a disability retirement benefit in both participating retirement
systems, and receives a determination from the board of trustees of the
other participating pension system that the person has a disability that is
of a type recognized by the pension system, and the other participating
retirement system grants the disability pension, the pension system shall
pay the proportionate amount of benefit attributable to the service
credited under the pension system, based on the schedule of benefits in
effect for the pension system at the time the eligible participant ceased
membership in the pension system. Require the pension system to pay only
the ordinary disability benefit amount, if the disability is determined to
be service-related. Provides that the board has the right to require
examinations, reports, and any other information as provided by this Act
for the administration and payment of disability benefits and the right to
reduce, suspend, or terminate a benefit accordingly. Provides that the
benefit allowed under  this subsection is payable only if the other
participating retirement systems authorize and pay a disability benefit
under the same circumstances as provided by this subsection. Provides that
a person who is receiving a disability benefit from a participating
retirement system is not eligible for a disability pension under this Act
except as provided by this subsection. 

(k) Provides that creditable military service, if any, will be credited in
the pension system only as provided by this Act and only if the service is
not credited in any other participating retirement system.  

(l) Authorizes the board to adopt rules and policies for implementing and
administering the proportionate retirement program. 

(m) Prohibits a person from becoming eligible to receive a benefit under
this section that is greater than the benefit the person would otherwise
receive under this Act if this section did not apply. Requires a benefit
otherwise payable under Section 13(b) of this Act on behalf of a person who
has used combined service credit to qualify for benefits from at least one
participating retirement  system to instead be computed and payable as
provided by Section 13(a) of this Act. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.