SRC-JXG H.B. 3532 76(R)    BILL ANALYSIS


Senate Research CenterH.B. 3532
76R10609 GJH-F By: Coleman (Gallegos)
Intergovernmental Relations
5/4/1999
Engrossed


DIGEST 

Currently, the Houston Municipal Employees Pension System provides
retirement, death, and disability benefits for eligible City of Houston
employees, with the exception of police officers and firefighters. Pension
members participate in either Group A or Group B programs, with
participants who joined after September 1, 1981, required to join Group B.
The Group A program requires members to contribute an average of four
percent of their monthly salary into the Pension System. The Group B
program in noncontributory. The City of Houston contributes to both
programs.  H.B. 3532 would revise the administration of, benefits from, and
participation in the Houston Municipal Employees Pension System.  

PURPOSE

As proposed, H.B. 3532 revises the administration of, benefits from, and
participation in the Houston Municipal Employees Pension System.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SRC-JXG H.B. 3532 76(R)   SECTION 1. Amends Section 2, Article 6243g,
V.T.C.S., by amending Subdivisions (b), (f), (g), (j), and (l), and adding
Subdivisions (m) and (n), to redefine "member," "separation from service,"
"employee," "previous service," and "pension fund." Defines "effective
retirement date." Defines "military service." 

SECTION 2. Amends Section 3, Article 6243g, V.T.C.S., as follows: 

(a) Provides that a person who becomes an employee on or after September 1,
1999, becomes a Group A member of the municipal pension system for
employees of cities of 1,500,000 or more (pension system) as a condition of
employment except as otherwise provided by this section or Section  4 of
this Act. Deletes text requiring disability and benefit provisions of
Sections 11 through 16 of this Act to apply to Group A members.  

(b) Requires any person who becomes an employee after September 1, 1981,
and before September 1, 1999, to automatically become a Group B member of
the pension system as a condition of employment except as otherwise
provided by this section or Section 4 of this Act. Deletes text except as
expressly stated otherwise, the eligibility and benefit provisions of
Sections 22 through 31, inclusive, shall apply to such Group B members.
Makes conforming changes.  

(c) Requires an elected official who is first elected after September 1,
1981, and before September 1, 1999, to become a Group B member and receive
credit for all previous service, except as otherwise provided by this Act.
Entitles an elected official who is first elected on or after September 1,
1999, to become a Group A member and to receive credit for all previous
service on the same conditions as reemployed Group A members, except as
otherwise provided under this Act.  

 SECTION 3. Amends Section 3A(a), Article 6243g, V.T.C.S., to make a
conforming change. 

SECTION 4. Amends Section 3B(a), Article 6243g, V.T.C.S., to authorize each
member of the pension system as an employee or elected official  of a city
to which this Act applies to make a onetime, irrevocable election on a date
determined by the Pension Board of the pension system of retirement and
disability plans for employees of cities coming within this Act (board).
Deletes text regarding membership. Makes conforming changes. 

SECTION 5. Amends Section 5, Article 6243g, V.T.C.S., by amending
Subsections (d) and (h) and adding Subsections (m), (n), and (o), as
follows: 

(d) Requires the board to elect from the elected members of the board a
Chairman, ViceChairman and Secretary, in each odd-numbered year. Provides
that any person who serves on the board's administrative staff is a member
of Group A, rather than entitled to join the system as a Group B member.
Deletes text regarding membership annually.  
 
(h) Requires the board to have the authority to institute, conduct, and
maintain legal action in the name of the board on behalf of the pension
system. 

(m) Authorizes the board by resolution to make the implementation of a
provision of this Act contingent on receipt of a favorable private letter
ruling or favorable determination letter from the Internal Revenue Service,
if the board determines that the action is in the best interest of the
pension system.  

(n) Provides that a member is subject to the schedule of benefits and
provisions in effect at the time of the member's separation from service,
except as otherwise provided by this Act, after separation from service and
retirement. 

(o) Provides that a person receiving or eligible for a survivor benefit
under this Act is subject to the schedule of benefits and provisions in
effect at the time  of separation from service of the deceased participant
for whom the person is claiming survivor status, except as expressly
provided otherwise in this Act. 

SECTION 6. Amends Section 7, Article 6243g, V.T.C.S., to require each Group
A member of the pension system to make periodic contributions during
employment in an amount determined by the board and expressed as a
percentage of salary, rather than four percent. Requires contributions to
be deducted by the employer, rather than the city, from the salary of each
such member and paid to the pension system for deposit in the Pension Fund
consisting of the contributions made by the city, contributions made by any
member of Group A, and any income derived from investments made from those
contributions, which are held in trust for the sole benefit of the members
of the pension system (pension fund). Makes conforming changes. 

SECTION 7. Amends Sections 7A(a), (b), and (c), Article 6243g, V.T.C.S., to
require the employer to pick up the contributions required by Group A
members of Section 7 of this Act for all salaries earned after December 31,
1987. Requires an accounting of member contributions picked up by the
employer to be maintained, rather than credited to the individual account
of the member, and the contributions to be treated for all other purposes
as if the amount were a part of the member's salary and had been deducted
as provided by Section 7 of this Act. Makes a conforming changes. 

SECTION 8. Amends Section 8(b), Article 6243g, V.T.C.S., to provide that
the city's contribution rate, when added to any contributions with respect
to a qualified governmental excess benefit arrangement maintained in
accordance with Section 31D of this Act, may not be an amount less than the
greater of 10 percent of the salaries paid to members or two times the
contribution rate of Group A members, notwithstanding any other provision
of this Act.  

SECTION 9. Amends Section 9, Article 6243g, V.T.C.S., to authorize the
board to distribute a supplemental payment to all retirees, survivors, or
Deferred Retirement Option Plan (DROP) participants if the pension system
is fully funded, the pension system has met the actuarial investment
assumption for the previous fiscal year, and the issuance of the
supplemental check will  not cause the city's contribution rate to
increase. Makes conforming changes.  

SECTION 10. Amends Sections 11(a) and (b), Article 6243g, V.T.C.S.,
effective September 1, 1999, 
to require certain members of the system to be eligible for a normal
retirement pension.  Requires the amount of the monthly pension for each
Group A member to equal the member's average monthly salary multiplied by
two and one-quarter percent for each year of the member's first 20 years of
credited service and two and three-quarters percent for each additional
year, prorated to the nearest 12th of a year, of credited service of the
member. 

SECTION 11. Amends Sections 11(a) and (b), Article 6243g, V.T.C.S.,
effective August 1, 2000, to require any member of the system who has
completed five or more years of credited service and attained 62 years of
age or a combination of years of age and years of credited service equal to
the number 70 to be eligible for a normal retirement pension.  Requires the
amount of the monthly pension for each Group A member to equal the member's
average monthly salary multiplied by two and one-half percent for each year
of the member's first 20 years of credited service and three and
one-quarter percent for each additional year, prorated to the nearest 12th
of a year, of credited service. Deletes text regarding certain years of
credited service. Makes conforming and nonsubstantive changes. 

SECTION 12. Amends Section 11(g), Article 6243g, V.T.C.S., to require
pensions for all members, rather than only Group A members, retirees, or
their survivors to be adjusted annually upward by three and one-half
percent, not compounded. 

SECTION 13. Amends Section 12, Article 6243g, V.T.C.S., to require any
member who has completed five, rather than 10, or more years of service and
who becomes totally disabled for further duty to be retired for "ordinary
disability" and requires the member to receive a monthly pension computed
in accordance with Section 11(b) for Group A members and Section 24 for
Group B members.  Describes "service disability."  Redefines "totally
disabled."  Requires a person retired for disability under this Act or a
person receiving survivor benefits as a disabled child under this Act to
file an annual report of employment activities and earnings with the board.
Requires the board to establish the form of the report and the time for
filing the report. Prohibits a disability pension recipient whose
disability does not cease after the recipient reaches the date on which the
recipient is eligible to retire under Section 11(A) or 65 years of age from
being required to submit the annual affidavit of employment activities and
earnings.  Requires a person receiving survivor benefits as a disabled
child under this Act to be subject to re-examination by the board and to
submit to further examination as the board may require.  Requires the
result of an examination, physician report, or employment activities and
earning report to be considered by the board in determining whether the
benefits shall be continued, increased if less than the maximum provided,
decreased, or discontinued. Authorizes the board to reduce, suspend, or
entirely discontinue all benefits to a person receiving benefits under this
Act who, after notice from the board, fails to appear for a required
examination, fails to file an employment activities and earnings report, or
files a materially false or misleading employment activities and earnings
report or examination result or report, as determined by the board.
Requires a person to be an employee or a former employee whose separation
from service, other than by indefinite suspension, occurred by a certain
date in order for that person to apply for a disability pension. Deletes
text regarding members receiving a disability pension being required to
submit a sworn affidavit stating the member's earnings.  Deletes text
regarding the failure to submit a sworn affidavit of earnings.  Deletes
text requiring the system to reclassify a disability pension as a service
pension under certain conditions.  Deletes text requiring the board to
order pension payments stopped if a member has recovered so that in the
opinion of the board he is able to perform the usual and customary duties
formerly handled by him for the city, and is reinstated or tendered
reinstatement to that position. Makes conforming and nonsubstantive
changes. 

SECTION 14. Amends Section 13, Article 6243g, V.T.C.S., effective September
1, 1999, to require the board to order paid monthly allowances under this
section if any member shall die from any cause directly resulting from a
specific incident in the performance of the person's duty.  Provides that
certain surviving spouses of a member who dies are entitled to a sum equal
to 85 percent of the retirement benefits that the deceased member would
have been entitled to had he or she been totally disabled at the time or
his or her retirement or death.  Provides that certain surviving spouses
are entitled to 100 percent of the deceased member's final average salary.
Provides that certain  surviving spouses of a member who dies are entitled
to a sum equal to 85 percent of the retirement benefits being received at
the time of the retiree's death, if the surviving spouse married the
decedent before the decedent terminated employment.  Requires each
dependent child, if there is a surviving spouse to receive a certain death
benefit, with a proportionate reduction in the percentage of benefit
payable to the surviving spouse until no benefit is payable to a dependent
child. Requires each dependent child to receive a death benefit equal to 50
percent, rather than 20 percent, of what the surviving spouse benefit would
have been had there been a surviving spouse to a maximum of 100 percent of
the benefit, rather than 40 percent for all dependent children, if there is
no surviving spouse.   Requires benefits payable to each dependent child to
be paid if the child is 21, rather than 18, or permanently and totally
disabled because of illness, injury, or retardation that began before the
death of the member and before the child reached 18 years of age.  Deletes
the requirement that a child must be a full-time student and younger than
23 years of age and unmarried for benefits to be payable.  Makes conforming
and nonsubstantive changes.   

SECTION 15. Amends Section 13, Article 6243g, V.T.C.S., effective August 1,
2001, to provide that certain spouses are entitled to 100 percent of the
retirement benefits that the deceased member would have been entitled to
had he or she been totally disabled at the time of retirement or death.
Provides that certain spouses are entitled to 100 percent of the deceased
member's final average salary.  Provides that certain spouses are entitled
to 100 percent of the retirement benefits being received at the time of the
retiree's death, if the surviving spouse married the decedent before the
decedent terminated employment.  Makes conforming and nonsubstantive
changes.    

SECTION 16. Amends Section 14, Article 6243g, V.T.C.S., to prohibit a
member from being paid any pension if the member's employment by the city
is terminated for other than a service disability, rather than a total and
permanent disability, prior to having completed five, rather than 10, years
of service with the city.  Makes conforming and nonsubstantive changes. 

SECTION 17. Amends Section 15, Article 6243g, V.T.C.S., to delete text
authorizing credit for previous service.  Makes conforming and
nonsubstantive changes. 

SECTION 18. Amends Section 16, Article 6243g, V.T.C.S., to provide that no
credit shall be allowed for the period of interruption, if there were
interruptions of service of more than three months, except as otherwise
expressly provided in this Act.  Authorizes a member whose employment is
terminated for a reason other than death or receipt of a retirement or
disability pension after the completion of five years of creditable service
to elect to receive a deferred retirement benefit that begins on the
effective retirement date.  Requires the amount of monthly benefit to be
computed in the same manner as for a service retirement benefit, but based
on average monthly salary and creditable service as of the date of
separation from service and subject to the provisions of this Act in effect
on the date of separation from service.  Requires a certain portion of
certain members' pensions to be calculated on the basis of the schedule of
benefits for members that was in effect at the time the member terminated
employment attributable to that period of credited service, rather than
when the election was made.  Requires any retirement, disability, or
survivor benefit payable to be computed under this subdivision for all
previous periods of credited service without giving effect to Subdivision
(1) of this subsection, if a member has more than two years of continuous
credited service following the date of reemployment.  Requires any
retirement, disability, or survivor benefit payable to be computed on the
basis of the schedule of benefits for members that was in effect at the
time of the member's previous separation from service, if a member has two
years or less  of continuous credited service following the date of
reemployment.  Requires a retiree who is reemployed by the city and becomes
a member to cease receiving a pension under this Act on reemployment.
Requires benefits payable to be computed as set forth in Subsections (f)(1)
and (2) of this section, on subsequent separation.  Deletes text setting
forth certain conditions when certain members are eligible for refunds of
all eligible payments made by him to the fund by way of salary deductions.
Makes conforming and nonsubstantive changes. 

SECTION 19. Amends Section 20, Article 6243g, V.T.C.S., to authorize a
pensioner, survivor, or dependent to deduct from his pension an amount
required by law or a voluntary amount authorized by law and the board,
rather than the monthly premium cost of the city's group hospitalization
and life insurance plan.   

 SECTION 20. Amends Section 21, Article 6243g, V.T.C.S., to set forth
certain situations in which a member is required to receive credited
service for military service. Sets forth certain conditions in which any
member who has military service and is not eligible to claim the service
under Subsection (b) may receive credited service for the military service
on proper action by the board. Deletes text concerning a member who engages
in active military duty and returns to employment by the city within a
certain time period.   

SECTION 21. Amends Section 22(a), Article 6243g, V.T.C.S., to make
conforming and nonsubstantive changes. 

SECTION 22. Amends Section 24, Article 6243g, V.T.C.S., effective August 1,
2000, to require the amount of the normal pension payable to a retired
Group B member to equal the member's average monthly salary multiplied by
one and three-quarters percent, rather than one and one half percent, for
each of the member's first 10 years of credited service; two percent,
rather than one and threequarters percent, for each 10 years; and two and
one-half percent for each additional year. 

SECTION 23. Amends Section 30, Article 6243g, V.T.C.S., to make conforming
and nonsubstantive changes. 

SECTION 24. Amends Section 31A(a), Article 6243g, V.T.C.S., to make a
nonsubstantive change. 

SECTION 25. Amends Section 31B(a), (c), (d), (e), and (h), Article 6243g,
V.T.C.S., to define "DROP entry date" and "DROP election date." Authorizes
a person who is eligible to receive a normal retirement pension under this
Act and who has been separated from service within the last 30 days and has
not otherwise applied for a benefit to file with the system an election to
participate in the DROP and receive a DROP benefit.  Provides that the
period of a member's DROP participation ceases when the member terminates
employment.  Sets forth the member's DROP entry date.  Provides that an
election to participate in the DROP is irrevocable, except that any active
member who elected to participate in the DROP before a certain date may
make a one-time revocation of an election, in a manner determined by the
board.  Provides that credits to a member's DROP account consist of a
monthly amount equal to the member's normal accrued monthly retirement
based on the member's credited service and average monthly salary as of the
DROP entry date and the applicable provisions of this Act, adjusted for
cost-of-living adjustments that would apply if the member's DROP entry date
had been the person's date of eligibility for a normal retirement benefit.
Provides that the accumulation period for credit to a member's DROP account
includes each month beginning with the member's DROP entry date through the
date the DROP member terminates active service with the city. Prohibits
credits from being made to a member's DROP account for a certain period,
except that interest at a rate determined by the board may be paid on the
remaining amount in a person's DROP account after the person terminates
active service. Makes conforming and nonsubstantive changes.  

 SECTION 26. Amends Section 31C(e), Article 6243g, V.T.C.S., to make
conforming changes.  

SECTION 27. Amends Section 33, Article 6243g, V.T.C.S., to prohibit the
terms of this Act from applying to any city operating a municipal employees
pension program under the terms and provisions of its charter, unless a
city's municipal employees are already covered by this Act. 

SECTION 28. Repealers:  Section 25, Article 6243g, V.T.C.S. (Disability
eligibility); Section 26, Article 6243g, V.T.C.S. (Disability pension
amount and duration); Section 27, Article 6243g, V.T.C.S. (Disability
review); and Section 31, Article 6243g, V.T.C.S. (Postretirement
adjustments). 

SECTION 29. Effective date: September 1, 1999, except as otherwise
expressly provided by this Act. 

SECTION 30. Emergency clause.