By Yarbrough H.B. No. 1173
76R5496 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a firefighters' relief and retirement fund in certain
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(11), Article 6243e.2(1), Revised
1-6 Statutes, is amended to read as follows:
1-7 (11) "Firefighter" means a full-time, fully paid,
1-8 active, classified member of a regularly organized fire department
1-9 of an incorporated municipality with a fund established under this
1-10 article, including a member who has made a DROP election, but is
1-11 otherwise described in this definition.
1-12 SECTION 2. Sections 2(i) and (l), Article 6243e.2(1),
1-13 Revised Statutes, are amended to read as follows:
1-14 (i) A trustee of the board may not receive compensation for
1-15 service on the board, except that the board may approve an annual
1-16 clothing allowance not to exceed $500 a trustee for each
1-17 firefighter trustee and the retired firefighter trustee of the
1-18 board to provide appropriate business attire for board meetings and
1-19 functions.
1-20 (l) The board shall hold regular monthly meetings at a time
1-21 and place as the board by resolution designates and may hold
1-22 special meetings on call of the chair as the chair determines is
1-23 necessary, keep accurate minutes of board meetings and records of
1-24 board proceedings, keep separate from all other municipal funds all
2-1 money for the use and benefit of the fund, and keep a record of
2-2 claims, receipts, and disbursements. A disbursement from the fund
2-3 may be made in accordance with procedures established by the board.
2-4 The municipality shall allow municipal employees who are board
2-5 trustees to promptly attend all board and committee meetings.
2-6 Each board trustee who is an employee of the municipality shall
2-7 provide the municipality with reasonable notice of the trustee's
2-8 required attendance at regularly scheduled board and committee
2-9 meetings. The municipality shall allow board trustees the time
2-10 required to travel to and attend educational workshops and
2-11 legislative hearings and meetings regarding proposed amendments to
2-12 this article if attendance is consistent with a board trustee's
2-13 duty to the board. The municipality may not use the trustee's
2-14 attendance or travel related to attendance described by this
2-15 subsection to reduce or withhold the wages that the trustee would
2-16 otherwise earn. The board may reimburse from the fund the
2-17 municipality for costs incurred by the municipality for allowing a
2-18 trustee's attendance under this subsection.
2-19 SECTION 3. Section 3, Article 6243e.2(1), Revised Statutes,
2-20 is amended by adding Subsections (h) and (i) to read as follows:
2-21 (h) The board may purchase with board funds a life insurance
2-22 policy from an insurer licensed to do business in this state to
2-23 cover the amount of lump-sum death benefits that may become payable
2-24 to a member's eligible survivor or estate. The amount payable
2-25 under a policy under this subsection on the death of one member may
2-26 not exceed the amount of the lump-sum death benefits payable under
2-27 this article. The board shall be the policyholder of any life
3-1 insurance purchased under this subsection and shall use any
3-2 proceeds received from the insurer to satisfy any lump-sum death
3-3 benefits owed under this article.
3-4 (i) The board may pay with fund assets the reasonable
3-5 expenses incurred in providing annual or semiannual meetings of
3-6 retired members, spouses of retired members, and eligible survivors
3-7 that facilitate communication regarding benefits paid under this
3-8 article if the expenses do not materially affect the total assets
3-9 of the fund. Reasonable expenses may include the purchase of items
3-10 or services necessary to promote and facilitate these meetings.
3-11 SECTION 4. Section 4, Article 6243e.2(1), Revised Statutes,
3-12 is amended to read as follows:
3-13 Sec. 4. SERVICE PENSION BENEFITS. (a) A member with at
3-14 least 20 years of participation who terminates active service for
3-15 any reason other than death is entitled to receive a service
3-16 pension provided by this section.
3-17 (b) A member who terminates active service on or after
3-18 November 1, 1997, and who has completed at least 20 years of
3-19 participation in the fund on the effective date of termination of
3-20 service is entitled to a monthly service pension, beginning on the
3-21 effective date of termination of active service, in an amount equal
3-22 to 50 percent of the member's average monthly salary, plus three
3-23 percent of the member's average monthly salary for each year of
3-24 participation in excess of 20 years, but not in excess of 30 years
3-25 of participation, for a maximum total benefit of 80 percent of the
3-26 member's average monthly salary.
3-27 (c) A member who terminated active service before November
4-1 1, 1997, and who had completed at least 20 years of participation
4-2 on the effective date of termination of service is entitled on
4-3 retirement to receive a monthly service pension in the amount
4-4 provided under the law in effect on the effective date of that
4-5 retirement, unless a subsequent benefit increase is expressly made
4-6 applicable to that member.
4-7 (d) [A member with a service or disability pension, other
4-8 than a deferred retiree or an active member who has elected the
4-9 DROP under Section 5(b) of this article, who began receiving
4-10 benefits from the fund before November 1, 1997, or a member's
4-11 beneficiary who began receiving benefits from the fund before
4-12 November 1, 1997, shall be paid a one-time additional benefit of
4-13 $5,000 from the fund, payable in a lump sum as soon as
4-14 administratively practicable after November 1, 1997.]
4-15 [(e)] The total monthly benefit payable to a retired or
4-16 disabled member, other than a deferred retiree or active member who
4-17 has elected the DROP under Section 5(b) of this article, or each
4-18 eligible survivor of a deceased member, shall be increased by $100,
4-19 beginning with the monthly payment made for July 1999. That
4-20 additional benefit may not be increased under Section 11(c) of this
4-21 article.
4-22 [(f) The benefit under Subsection (d) of this section shall
4-23 be paid to the member or to the eligible spouse of a deceased
4-24 member. If the member is deceased and there is no eligible spouse,
4-25 the benefit shall be divided equally among and paid to each
4-26 eligible child of the member, or, if there is no eligible child,
4-27 the benefit shall be divided among the eligible parents of the
5-1 member.]
5-2 SECTION 5. Section 5, Article 6243e.2(1), Revised Statutes,
5-3 is amended to read as follows:
5-4 Sec. 5. DEFERRED RETIREMENT OPTION PLAN. (a) A member who
5-5 is eligible to receive a service pension under Section 4 of this
5-6 article and who remains in active service may elect to participate
5-7 in the deferred retirement option plan provided by this section.
5-8 On subsequently terminating active service, a member who elected
5-9 the DROP may apply for a monthly service pension under Section 4 of
5-10 this article, except that the effective date of the member's
5-11 election to participate in the DROP will be considered the member's
5-12 retirement date for determining the amount of the member's monthly
5-13 service pension. The member may also apply for any DROP benefit
5-14 provided under this section on terminating active service. Except
5-15 as provided by Subsection (l) [(n)] of this section, an election to
5-16 participate in the DROP, once approved by the board, is
5-17 irrevocable.
5-18 (b) A member may elect to participate in the DROP by
5-19 complying with the election process established by the board. The
5-20 member's election may be made at any time beginning on the date the
5-21 member has completed 20 years of participation in the fund and is
5-22 otherwise eligible for a service pension under Section 4 of this
5-23 article. The election becomes effective on the first day of the
5-24 month following the month in which the board approves the member's
5-25 DROP election. Beginning on the effective date of the member's
5-26 DROP election, amounts equal to the deductions made from the
5-27 member's salary under Section 13(c) of this article shall be
6-1 credited to the member's DROP account. If a DROP participant
6-2 remains in active service after the seventh [fifth] anniversary of
6-3 the effective date of the member's DROP election, subsequent
6-4 deductions from the member's salary under Section 13(c) of this
6-5 article may not be credited to the member's DROP account and may
6-6 not otherwise increase any benefit payable from the fund for the
6-7 member's service.
6-8 (c) Beginning in the month a member's DROP election becomes
6-9 effective, an amount equal to the monthly service pension the
6-10 member would have received under Section 4 of this article and
6-11 Section 11(c) of this article, if applicable, had the member
6-12 terminated active service on the effective date of the member's
6-13 DROP election shall be credited to a DROP account maintained for
6-14 the member. That monthly credit to the member's DROP account shall
6-15 continue until the earlier of the date the member terminates active
6-16 service or the seventh [fifth] anniversary of the effective date of
6-17 the member's DROP election.
6-18 (d) A member's DROP account shall be credited with earnings
6-19 or losses at an annual rate equal to the average annual return
6-20 earned by the fund over the five years preceding, but not
6-21 including, the year during which the credit is given. Those
6-22 earnings or losses shall be computed and credited at a time and in
6-23 a manner determined by the board, except that earnings or losses
6-24 shall be credited not less frequently than once in each 13-month
6-25 period and shall take into account partial years of participation
6-26 in the DROP. If the member has not terminated active service, the
6-27 member's DROP account may not be credited with earnings or losses
7-1 after the seventh [fifth] anniversary of the effective date of the
7-2 member's DROP election.
7-3 (e) A member who terminates active service after
7-4 participating in the DROP is entitled to receive, in addition to
7-5 the member's service pension under Section 4 of this article, a
7-6 benefit equal to the balance of the member's DROP account. Unless
7-7 the member elects to receive [installment or] partial distributions
7-8 in accordance with Subsection (f) [or (h)] of this section, the
7-9 balance of a member's DROP account shall be paid to the member in a
7-10 single lump-sum payment as soon as is administratively practicable
7-11 after the member's termination of active service.
7-12 (f) [In lieu of a single lump-sum payment, a member may
7-13 elect to receive the balance of the member's DROP account in three
7-14 substantially equal installments. A member electing the
7-15 installment form of distribution is entitled to receive the first
7-16 installment within a reasonable period after terminating active
7-17 service. The second and third installments shall be paid to the
7-18 member on the first and second anniversaries of the date of the
7-19 first installment. A member electing to receive the member's DROP
7-20 account balance in installments may convert that election at any
7-21 time after receipt of the first installment to an election to
7-22 receive the remainder of the member's DROP account balance in a
7-23 lump-sum payment. If a member elects to receive installments, the
7-24 member's DROP account may not be credited with earnings or losses
7-25 occurring after the member leaves active service. The DROP account
7-26 balance of a member who elects to receive the member's DROP account
7-27 balance in installments may not be credited with interest after the
8-1 date of payment of the first installment.]
8-2 [(g) The board may adopt by a majority vote the provisions
8-3 of Subsections (h) and (i) of this section.]
8-4 [(h)] In lieu of a single lump-sum payment, a member may
8-5 elect to receive partial payments from the member's DROP account
8-6 for each calendar year, in an amount elected by the member. The
8-7 board may establish procedures concerning partial payments,
8-8 including limitations on timing and frequency of those payments. A
8-9 member who elects partial payments may, at any time, elect to
8-10 receive the member's entire remaining DROP account balance in a
8-11 single lump-sum payment.
8-12 (g) [(i)] If a member elects partial payments, for periods
8-13 after a member terminates active service and before the member's
8-14 DROP account is completely distributed, the member's DROP account
8-15 shall be credited with earnings or losses of the fund as computed
8-16 under Subsection (d) of this section and reduced by an
8-17 administrative fee of one percent of the account balance each year,
8-18 determined before adjustment for earnings or losses for the year.
8-19 (h) [(j)] An election by a member concerning single lump-sum
8-20 [installment] or partial payments as provided by Subsections (e) or
8-21 (f)[-(i)] of this section must satisfy the requirements of Section
8-22 401(a)(9) of the code. All distributions and changes in form of
8-23 distribution must be made in a manner and at a time that comply
8-24 with that provision of the code.
8-25 (i) [(k)] A member who elects to participate in the DROP is
8-26 considered to have terminated active service on the effective date
8-27 of the member's DROP election for purposes of computing and
9-1 providing service pension benefits under Section 4 of this article
9-2 and for purposes of computing and providing death benefits under
9-3 Section 7 of this article. A salary earned or additional years of
9-4 participation completed after the member's DROP election becomes
9-5 effective may not be considered in the computation of retirement,
9-6 disability, or death benefits unless a DROP revocation is made as
9-7 prescribed by Subsection (l) [(n)] of this section.
9-8 (j) [(l)] If a DROP participant dies before complete
9-9 distribution of the member's DROP account has been made, the
9-10 member's DROP account balance shall be distributed to the member's
9-11 eligible beneficiaries, determined as follows:
9-12 (1) if the member is survived by a spouse [person] who
9-13 was the member's spouse on the member's last day of active service
9-14 and one or more eligible children, one-half of the member's DROP
9-15 account balance shall be paid to that eligible spouse, and the
9-16 remaining one-half shall be divided equally among the member's
9-17 eligible children;
9-18 (2) if the member is survived by a spouse described by
9-19 Subdivision (1) of this subsection, but not by an eligible child,
9-20 the member's entire DROP account balance shall be paid to the
9-21 surviving spouse;
9-22 (3) if the member is survived by one or more eligible
9-23 children, but not by a spouse described by Subdivision (1) of this
9-24 subsection, the member's DROP account balance shall be divided
9-25 equally among the eligible children;
9-26 (4) if the member is not survived by a spouse
9-27 described by Subdivision (1) of this subsection or an eligible
10-1 child, the member's DROP account balance shall be divided equally
10-2 among the member's eligible parents;
10-3 (5) if the member is not survived by a spouse
10-4 described by Subdivision (1) of this subsection, an eligible child,
10-5 or an eligible parent, the member's DROP account balance shall be
10-6 distributed in accordance with the member's beneficiary designation
10-7 filed with the board or, if the member has failed to file a valid
10-8 beneficiary designation, to the member's estate; and
10-9 (6) if a member's spouse described by Subdivision (1)
10-10 of this subsection was not married to the member on the date the
10-11 member's DROP election became effective, the spouse shall receive a
10-12 reduced benefit equal to the benefit otherwise payable to the
10-13 surviving spouse under this subsection, multiplied by the
10-14 percentage of the period between the member's DROP election and the
10-15 date the member left active service during which the spouse and the
10-16 member were married, and the amount by which the spouse's benefit
10-17 is reduced shall be divided among any other eligible survivors as
10-18 if the member did not have an eligible spouse.
10-19 (k) [(m)] An eligible beneficiary's share of a deceased
10-20 member's DROP account shall be distributed as soon as
10-21 administratively practicable after the member's death in the form
10-22 of a single lump-sum payment. All distributions to beneficiaries
10-23 under this subsection must be made in a manner and at a time that
10-24 comply with Section 401(a)(9) of the code.
10-25 (l) [(n)] Except as otherwise provided by this subsection, a
10-26 member who participates in the DROP is ineligible for disability
10-27 benefits described by Section 6 of this article, and the member's
11-1 survivors are ineligible to receive enhanced death benefits
11-2 described by Section 7(c) of this article. A DROP participant who
11-3 is determined under Section 6(c) of this article to be incapable of
11-4 performing any substantial gainful employment because of an on-duty
11-5 disability may retroactively revoke the member's DROP election if
11-6 the revocation occurs before the member receives a distribution
11-7 from the member's DROP account or retirement benefits. If a DROP
11-8 participant dies in the course of the performance of the member's
11-9 duty or dies as a result of an on-duty disability described by
11-10 Section 6(c) of this article, the DROP participant's eligible
11-11 survivors under Section 7 of this article and the member's eligible
11-12 DROP beneficiaries under Subsection (j) [(l)] of this section may,
11-13 by unanimous agreement, retroactively revoke the member's DROP
11-14 election if the revocation occurs before receipt of a distribution
11-15 from the member's DROP account, service pension benefits under
11-16 Section 4 of this article, or death benefits under Section 7 of
11-17 this article. For purposes of this subsection, an on-duty
11-18 disability must have occurred after the effective date of a
11-19 member's election to participate in the DROP. If a DROP election
11-20 revocation is made as prescribed by this subsection, the member's
11-21 DROP account is not distributed, and the member or the member's
11-22 beneficiary, as applicable, is entitled to benefits under this
11-23 article as if a DROP election had not been made.
11-24 (m) [(o)] A retired member who previously participated in
11-25 the DROP and who returns to active service is subject to the terms
11-26 of this section in effect at the time of the member's return to
11-27 active service.
12-1 (n) [(p)] After August 31, 2000, the board may set a date
12-2 after which additional members will not be allowed to elect to
12-3 participate in the DROP. A member whose election to participate in
12-4 the DROP becomes effective before a deadline established by the
12-5 board is entitled to continue participating in the DROP.
12-6 (o) A member who has made a DROP election is not classified
12-7 as retired, eligible to be paid, or eligible to accrue or to
12-8 receive any benefit that is accrued or received by a member who has
12-9 terminated active service or by the eligible survivors of deceased
12-10 members unless the member who has made the DROP election has
12-11 terminated active service.
12-12 SECTION 6. Section 6(d), Article 6243e.2(1), Revised
12-13 Statutes, is amended to read as follows:
12-14 (d) If a full-time active member with at least six years of
12-15 service becomes disabled or dies from heart or lung disease or
12-16 cancer, and the member successfully passed a physical examination
12-17 before the claimed disability or death or on beginning employment
12-18 as a firefighter, and the examination failed to reveal any evidence
12-19 of the heart or lung disease or cancer, that condition will be
12-20 presumed to have caused an on-duty disability for purposes of
12-21 determining eligibility for disability benefits under this section,
12-22 and the amount of the disability benefit is presumed to constitute,
12-23 unless the presumption is rebutted, [constitutes] the pension
12-24 amount that shall be used to determine the death benefit payable
12-25 with respect to that member. The on-duty disability presumption
12-26 may be rebutted only by clear and convincing evidence. Another
12-27 statutory presumption regarding the cause of illnesses or
13-1 conditions does not affect any benefit payable under this article.
13-2 SECTION 7. Section 7(e), Article 6243e.2(1), Revised
13-3 Statutes, is amended to read as follows:
13-4 (e) In addition to the monthly death benefit provided under
13-5 Subsection (a) of this section, if an active member or a member
13-6 receiving a service pension under Section 4 of this article or a
13-7 disability pension under Section 6 of this article dies on or after
13-8 July 1, 1998, the member's eligible survivors are entitled to a
13-9 one-time $5,000 death benefit, payable as a lump sum as follows:
13-10 (1) if the member is survived by an eligible spouse,
13-11 the eligible spouse is entitled to receive $5,000;
13-12 (2) if the member is not survived by an eligible
13-13 spouse, the member's eligible children are entitled to receive
13-14 $5,000, divided equally among those children; [or]
13-15 (3) if the member is not survived by an eligible
13-16 spouse or an eligible child, the $5,000 death benefit shall be
13-17 divided equally among the eligible parents of the deceased member;
13-18 or
13-19 (4) if the member is not survived by an eligible
13-20 spouse, an eligible child, or an eligible parent, the $5,000 death
13-21 benefit shall be paid to the deceased member's estate.
13-22 SECTION 8. Section 10, Article 6243e.2(1), Revised Statutes,
13-23 is amended to read as follows:
13-24 Sec. 10. NONSTATUTORY BENEFIT INCREASES. The benefits
13-25 provided by this article may be increased if:
13-26 (1) [the increase is first approved by] an actuary
13-27 selected by the board who, if an individual, is a Fellow of the
14-1 Society of Actuaries, a Fellow of the Conference of Actuaries in
14-2 Public Practice, or a member of the American Academy of Actuaries
14-3 determines that the increase cannot reasonably be viewed as posing
14-4 a material risk of jeopardizing the fund's ability to pay any
14-5 existing benefit;
14-6 (2) a majority of the participating members of the
14-7 fund vote for the increase by a secret ballot;
14-8 (3) the increase does not deprive a member, without
14-9 the member's written consent, of a right to receive benefits that
14-10 have already become fully vested and matured in a member; and
14-11 (4) the State Pension Review Board approves the
14-12 determination by the actuary selected by the board that the
14-13 increase cannot reasonably be viewed as posing a material risk of
14-14 jeopardizing the fund's ability to pay any existing benefit
14-15 [increase, which approval may not be unreasonably withheld].
14-16 SECTION 9. Article 6243e.2(1), Revised Statutes, is amended
14-17 by adding Sections 10A and 10B to read as follows:
14-18 Sec. 10A. ANNUAL SUPPLEMENTAL BENEFIT FOR CERTAIN RETIRED
14-19 MEMBERS AND ELIGIBLE SURVIVORS. (a) The board shall pay
14-20 supplemental benefits under this section to retired members, not
14-21 including deferred retirees, and to eligible survivors, not
14-22 including survivors of deferred retirees, if the requirements of
14-23 Subsection (b) of this section are met. The board shall pay the
14-24 supplemental benefits in January following a fiscal year of the
14-25 fund in which the requirements of Subsection (b) of this section
14-26 are met.
14-27 (b) The board shall pay supplemental benefits under this
15-1 section if the fund actuary determines that, as of the end of any
15-2 fund fiscal year:
15-3 (1) the value of the fund's assets exceeds the amount
15-4 of the fund's accrued liability;
15-5 (2) the fund's gross rate of return on investments for
15-6 that fiscal year exceeds 9.25 percent; and
15-7 (3) payment of supplemental benefits will not result
15-8 in an increase of the municipality's contribution rate.
15-9 (c) The board shall adopt rules and procedures to govern the
15-10 payment of benefits under this section and shall establish a
15-11 minimum income level consistent with the national poverty level set
15-12 by the United States Department of Health and Human Services.
15-13 (d) The board shall determine an aggregate supplemental
15-14 benefit amount that may not exceed the lesser of:
15-15 (1) the amount by which the value of fund assets
15-16 exceeds the amount of accrued liability as determined under
15-17 Subsection (b)(1) of this section; or
15-18 (2) $4 million.
15-19 (e) Based on the aggregate supplemental benefit amount
15-20 determined under Subsection (d) of this section, the board shall
15-21 determine the amount of a lump-sum payment for each retired member
15-22 or eligible survivor.
15-23 (f) In determining the lump-sum payment amount, the total
15-24 number of years since the commencement date of each retired
15-25 member's or eligible survivor's annual retirement or survivor
15-26 benefit shall be divided by the total number of years since the
15-27 commencement date of all retired members' and eligible survivors'
16-1 annual retirement or survivor benefit to establish a payment
16-2 percentage for each retired member and eligible survivor.
16-3 (g) The payment percentage of each retired member and
16-4 eligible survivor shall be multiplied by the aggregate supplemental
16-5 benefit less the total amount of any payments made under Subsection
16-6 (i) of this section.
16-7 (h) The product of the computation under Subsection (g) of
16-8 this section determines the lump-sum payment to the retired member
16-9 or eligible survivor unless the lump-sum payment plus the annual
16-10 retirement benefit is less than the minimum income level
16-11 established by the board.
16-12 (i) If the lump-sum payment plus the annual retirement
16-13 benefit is less than the minimum income level established by the
16-14 board, the retired member or eligible survivor is entitled to
16-15 receive an additional payment from the amount determined under
16-16 Subsection (d) of this section that will cause the recipient to
16-17 meet but not exceed the minimum income level.
16-18 (j) The benefits commencement date for a retired member or
16-19 the eligible survivor of a retired member is the first day on which
16-20 the retired member most recently began receiving pension benefits
16-21 from the fund. The benefits commencement date for an eligible
16-22 survivor of an active member is the first day of receipt of
16-23 benefits as an eligible survivor.
16-24 (k) Notwithstanding any other provision of this section, if
16-25 more than one eligible survivor is to receive a supplemental
16-26 benefit as a result of one deceased person under this section:
16-27 (1) only one eligible survivor is considered in
17-1 computations under this section other than computations under
17-2 Subdivision (2) of this subsection and as receiving the payments
17-3 received by all eligible survivors of the one deceased person; and
17-4 (2) the amount of payments under this section will be
17-5 paid to the eligible survivors in the same manner as payments under
17-6 Sections 7(a) and (b) of this article are made.
17-7 (l) All actuarial determinations required under this section
17-8 must be made by the fund's actuary.
17-9 Sec. 10B. ADDITIONAL LUMP-SUM RETIREMENT OR DEATH BENEFIT.
17-10 (a) The board shall pay the following people a $4,000 lump-sum
17-11 payment from the fund, in addition to any other benefits, as soon
17-12 as administratively practicable after the date of the person's
17-13 retirement, if the person's retirement occurs or occurred after
17-14 June 30, 1998:
17-15 (1) each member who retires or retired after
17-16 completing 20 years of service and is eligible to receive service
17-17 pension benefits under Section 4 of this article; and
17-18 (2) each member who retires or retired and is eligible
17-19 to receive disability benefits under Section 6 of this article.
17-20 (b) The board shall pay a $4,000 lump-sum payment from the
17-21 fund, in addition to any other benefits, to an eligible survivor of
17-22 a member:
17-23 (1) whose death occurs or occurred after June 30,
17-24 1998;
17-25 (2) who had not terminated active service; and
17-26 (3) who was ineligible to receive service pension
17-27 benefits under Section 4 of this article or disability benefits
18-1 under Section 6 of this article.
18-2 (c) If more than one eligible survivor of one deceased
18-3 member exists, the amount of each survivor's benefit is determined
18-4 in the same manner as payment of death benefits is determined under
18-5 Section 7(e) of this article. The board shall make payments under
18-6 Subsection (b) of this section as soon as administratively
18-7 practicable after the date of death of the member of whom each
18-8 recipient is an eligible survivor.
18-9 SECTION 10. Sections 13(b) and (h), Article 6243e.2(1),
18-10 Revised Statutes, are amended to read as follows:
18-11 (b) [The board shall establish minimum physical requirements
18-12 for membership in the fund that may not exceed the physical
18-13 requirements established by the Fire Fighters' and Police Officers'
18-14 Civil Service Commission under Section 143.022, Local Government
18-15 Code, and that must be the same for all applicants.] At the time
18-16 that physical examinations are administered on behalf of the
18-17 municipality, each applicant must be provided written notice that a
18-18 copy of the results of the examination will be forwarded to the
18-19 board for the purpose of determining whether the applicant has a
18-20 preexisting condition that would be relevant to any determination
18-21 under Section 6 of this article [to determine eligibility for
18-22 membership in the fund and the existence of any preexisting
18-23 condition]. Not later than the 10th day after the date of a
18-24 physical examination performed on an applicant for a beginning
18-25 position in the fire department as required by Section 143.022,
18-26 Local Government Code, the municipality shall provide to the board
18-27 a copy of all documents resulting from the physical examination.
19-1 The board may require additional physical examinations if necessary
19-2 in determining the presence or absence of any preexisting condition
19-3 [to determine whether the applicant meets the minimum physical
19-4 requirements for membership in the fund]. The fund shall pay the
19-5 cost of any additional physical examination the board requires.
19-6 [Within a reasonable time after receiving the examination reports
19-7 of an applicant, the board shall, on the basis of one or more
19-8 physical examinations, determine whether the applicant meets the
19-9 minimum physical requirements for membership in the fund. The
19-10 board shall notify the applicant and the chief of the fire
19-11 department not later than the 10th calendar day after the date of
19-12 the board's decision on the applicant's satisfaction of the minimum
19-13 physical requirements. If the board rejects the applicant, the
19-14 applicant may request further examination by a board of three
19-15 physicians appointed by the board at the expense of the applicant.
19-16 If a physician board finds that an applicant meets the minimum
19-17 physical requirements for membership in the fund, the board shall
19-18 accept the applicant for membership.] If accepted by the board,
19-19 the applicant's membership in the fund is effective on being
19-20 appointed to the position of probationary firefighter.
19-21 (h) If the municipality's actuarially determined
19-22 contribution rate computed in accordance with Subsection (d) of
19-23 this section would exceed the minimum contribution rate specified,
19-24 the benefits payable under Sections 4(d)[, 4(e),] and 7(e) of this
19-25 article may not be paid, an eligible spouse whose benefit is
19-26 reduced under Section 7(b) of this article may not be paid a
19-27 benefit if there are no other eligible survivors, and the
20-1 municipality's actuarially determined contribution rate shall be
20-2 recomputed on the basis of the assumption that those benefits are
20-3 suspended indefinitely. If the recomputation results in an
20-4 actuarially determined contribution rate less than the minimum
20-5 contribution rate specified, a portion of the benefits shall be
20-6 paid, as determined by the board, to the extent that, with the
20-7 payments determined, the two contribution rates are equal. This
20-8 subsection expires July 31, 1999, unless on that date the
20-9 municipality's actuarially determined contribution rate computed in
20-10 accordance with Subsection (d) of this section would exceed the
20-11 minimum contribution rate specified.
20-12 SECTION 11. This Act takes effect November 1, 1999.
20-13 SECTION 12. The importance of this legislation and the
20-14 crowded condition of the calendars in both houses create an
20-15 emergency and an imperative public necessity that the
20-16 constitutional rule requiring bills to be read on three several
20-17 days in each house be suspended, and this rule is hereby suspended.