SRC-JXG S.B. 1537 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1537
76R5882 GCH-FBy: Gallegos
Intergovernmental Relations
4/20/1999
As Filed


DIGEST 

Currently, the Houston Municipal Employees Pension System (HMEPS) has
approximately 20,000 active and retired participants. The HMEPS is a
defined benefit plan that provides retirement, death, and disability
benefits for eligible City of Houston and pension system employees, except
police officers and firefighters. In addition, Houston police officers and
firefighters are generally entitled to begin receiving a pension from their
respective retirement systems after completing 20 years of credited
service. Many retired police officers and firefighters have expressed
interest in returning for employment in municipal positions. However, the
pension system statute prohibits membership to a person who is receiving a
pension from another city retirement system. S. B. 1537 would create an
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, allows retired police officers and
firefighters who are receiving a pension from their retirement systems and
who are reemployed in a full-time municipal position to be eligible to
participate in the pension system, and authorizes the pension board to
establish a proportionate retirement program to allow an employee to use
combined credited service toward fulfilling normal retirement eligibility
requirements. 

PURPOSE

As proposed, S.B. 1537 sets forth revisions to the Houston Municipal
Employees Pension System. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Pension Board of the retirement and
disability plans for employees of certain cities in SECTION 4 (Subsection
(l), Section 33A, 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 the section
heading and text regarding persons drawing a pension from any Pension
System of the retirement and disability plans for employees of certain
cities (Pension System).  

SECTION 2. Amends Section 5(b), Article 6243g, V.T.C.S., to provide that
three legally qualified taxpayers be appointed, rather than chosen, by the
elected members of the Pension Board of the retirement and disability plans
for employees of certain cities (board) to be neither retirees, employees,
or officers of the city. Requires the three members appointed by the
elected members of the board to serve for a term of two years. Requires
vacancies occurring by death, resignation, or removal to be filled  by vote
of the elected members of the board. Provides that a person who is
appointed to fill a vacancy holds office for the unexpired term of the
board member who vacated that position. Deletes text regarding the
governing body of the city and public members on the boards of cities.
Makes conforming changes. 

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

Sec 22A. (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,"
"executive official," and "group C" or "plan."  

(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 an
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 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 contributions 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 services 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) is subsequently elected or otherwise 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
five years after the date of the member's reemployment, 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 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
completes  less than five years of credited service and attains 65 years of
age.  

(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 Article 6243g, V.T.C.S., by adding Section 33A, as
follows: 

Sec. 33A. (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 the 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 resolution 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
and Deferred Retirement Option Plan (DROP) participation and may not be
used in determining eligibility for disability retirement benefits, death
benefits, or any type of benefits other than service retirement benefits or
DROP participation or determining the amount of any type of benefit.
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) Authorizes 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 service 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
retirement 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 disability retirement benefits 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. Requires 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.