SRC-JXG S.B. 429 76(R)BILL ANALYSIS


Senate Research CenterS.B. 429
By: Barrientos
Intergovernmental Relations
7/6/1999
Enrolled


DIGEST 

Currently, Texas law controls the Austin Police Retirement System (APRS).
S.B. 429 will alter the law governing the APRS by making APRS's statute
supersede any meet and confer agreement, alter membership on the governing
board, change the amount of time some military retirees could buy back, and
change eligibility for the deferred retirement option plan. 

PURPOSE

As enrolled, S.B. 429 sets forth the composition and terms of members of
the Austin Police Retirement System. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.02, Article 6243n-1, V.T.C.S., to require the
police retirement board (board) to be composed of five elected police
officer members, each of whom serves for four years; one legally qualified
voter to be appointed by the board to serve for a term of four years; and
two retired elected members, rather than one, to serve for a term of four
years, with the term of one member expiring each odd-numbered year.
Provides that the terms of two members elected as described by Subsection
(a)(4) of this section expire in 2001 and every fourth subsequent year, and
the terms of three members elected as described by Subsection (a)(4) of
this section expire in 2003 and every fourth subsequent year.  Requires a
vacancy occurring by the death, resignation, or removal of the member
appointed under Subsection (a)(5) of this section to be filled by
appointment by the remaining members of the board.  Deletes text regarding
vacancies and a member's successor. Makes conforming changes. 

SECTION 2. Amends Section 3.03, Article 6243n-1, V.T.C.S., as follows:

Sec. 3.03. New heading: POLICE OFFICER AND RETIRED MEMBERS OF BOARD. (a)
Requires police officer members of the board to be elected and to serve in
accordance with Subsections (b)-(e) of this section.   

(b) Provides that any police officer member is eligible to run in the
election for a position on the board. 

(c) Requires members to serve during the term for which they are elected,
unless they are removed or their active service as police officers is
terminated for any reason other than service retirement. 

 (d) Makes conforming changes. 

 (e) Deletes text regarding the election committee.  Makes a conforming
change. 

(f) Requires the retired members of the board to be elected and to serve in
accordance with Subsections (g)-(j) of this section. 
 (g) Provides that any retired member is eligible to run in the election
for a position on the board. 

(h) Requires retired members to serve during the term for which they are
elected and until  
 their successors are elected and qualified.

(i) Requires a vacancy occurring by reason of removal, resignation, or
death to be filled for the remainder of the term by a retired member
appointed by the vote of a majority of the remaining members of the board. 

(j) Requires an election for retired members to be held during the first
week in December of each odd-numbered year.  Provides that the retired
member receiving the highest number of votes in an election is elected.
Requires selection to be by lot, in case of a tie vote. 

(k) Requires the board to approve written procedures for the conduct of all
elections under this Act and to certify and announce the results of each
election. 

SECTION 3. Amends Section 5.02, Article 6243n-1, V.T.C.S., by adding
Subsection (c), to prohibit a member from receiving credit under this
section for military service for which the person is receiving or is
eligible to receive federal retirement payments based on 20 years or more
of active military service or its equivalent by the member or for which the
member has received credit in any other public retirement system or program
established under the laws of this state. 

SECTION 4. Amends Section 5.04(a), Article 6243n-1, V.T.C.S., to provide
that this section does not take effect unless the city council authorizes,
rather than irrevocably authorizes,  the city to begin making contributions
to the police retirement system in accordance with Section 8.01(a) of this
Act for police cadets. Makes a conforming change. 

SECTION 5. Amends Section 6.07, Article 6243n-1, V.T.C.S., by amending
Subsections (a) and (b), to provide that the retroactive deferred
retirement option plan (RETRO DROP) is an option a member eligible for
retirement based on 25 years of creditable service (excluding any military
service established under Section 5.02 of this Act), rather than under
Section 6.02 of this Act, may elect at retirement. Prohibits RETRO DROP's
benefit computation date from preceding the date the member first became
eligible for service retirement based on 25 years of creditable service,
rather than a normal retirement date as defined by Section 1.02(19) of this
Act. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.