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


Senate Research Center   S.B. 429
76R5298 TBy: Barrientos
Intergovernmental Relations
5/7/1999
As Filed


DIGEST 

Currently, Texas law controls the Austin Police Retirement System (APRS).
S.B. 429 would 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 proposed, 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 Article II, Article 6243n-1, V.T.C.S., by adding Section
2.04, as follows: 

Sec. 2.04. AGREEMENT MAY NOT SUPERSEDE THIS ACT. Provides that
notwithstanding anything contained in Local Government Code Section
143.307, an agreement between a public employer and an association under
Subchapter I, Chapter 143, Local Government Code, may not supersede or
preempt any provision of this Act, nor may any such agreement increase,
diminish, or qualify any right, benefit, privilege, or obligation under
this Act. 

SECTION 2. Amends Section 3.02, Article 6243n-1, V.T.C.S., to require the
police retirement board (board) to be composed of four elected police
officer members, each of whom may serve for four years, with the terms of
two members expiring each odd-numbered year; two, rather than three,
appointed qualified voters; two retired elected members, rather than one,
with the term of one member expiring each odd-numbered year. Deletes text
regarding vacancies and a member's successor. Makes conforming changes. 

SECTION 3. Amends Section 3.03, Article 6243n-1, V.T.C.S., as follows:

Sec. 3.03. New heading: POLICE OFFICER AND RETIRED MEMBERS OF THE BOARD.
Requires police officers of the board to serve in accordance with certain
provisions. Requires the retired members of the board to be elected and
serve in accordance with certain provisions. Requires the police retirement
board to approve written procedures for the conduct of all elections and to
certify and announce the results of each election. Deletes text regarding
the election committee. Makes conforming changes.  

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. Effective date: September 1, 1999.

SECTION 7. Emergency clause.