76R9104 GCH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to benefits and administration of retirement systems for
 1-3     firefighters in certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 1, Chapter 183, Acts of the 64th
 1-6     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
 1-7     Civil Statutes), is amended by adding Section 1.05 to read as
 1-8     follows:
 1-9           Sec. 1.05.  AGREEMENT MAY NOT SUPERSEDE THIS ACT.
1-10     Notwithstanding Section 143.307, Local Government Code, an
1-11     agreement between a public employer and an association under
1-12     Subchapter I, Chapter 143, Local Government Code, may not supersede
1-13     or preempt any provision of this Act and may not increase,
1-14     diminish, or qualify any right, benefit, privilege, or obligation
1-15     under this Act.
1-16           SECTION 2.  Section 8.04, Chapter 183, Acts of the 64th
1-17     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
1-18     Civil  Statutes), is amended to read as follows:
1-19           Sec. 8.04.  AMOUNT OF CREDITS TO MEMBER'S DROP ACCOUNT. The
1-20     amount credited monthly to the member's DROP account:
1-21                 (1)  shall [may not] be increased as a result of any
1-22     increase in the formula used in computing service retirement
1-23     benefits under Section 5.04 of this Act that occurs after the
1-24     effective date of the member's election to participate in the DROP
1-25     but before the effective date of the member's retirement;
1-26                 (2)  shall be increased by any annual cost-of-living
1-27     adjustments under Section 9.04 of this Act that occur between the
 2-1     effective date of the member's election to participate in the DROP
 2-2     and the effective date of the member's retirement but only as to
 2-3     amounts credited to the member's DROP account after a
 2-4     cost-of-living adjustment; and
 2-5                 (3)  is subject to the limitations prescribed by
 2-6     Section 9.03 of this Act.
 2-7           SECTION 3.  Section 8.06, Chapter 183, Acts of the 64th
 2-8     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
 2-9     Civil Statutes), is amended by adding Subsections (d) and (e) to
2-10     read as follows:
2-11           (d)  If a member who did not establish a DROP account under
2-12     this section but was eligible to do so dies before retirement, the
2-13     surviving spouse,  if any, of that member may elect to participate
2-14     in the DROP if the surviving spouse has not received any benefit
2-15     payments under Section 7.01 of this Act.  If a surviving spouse
2-16     makes an election under this subsection:
2-17                 (1)  the board of trustees shall cause to be paid to
2-18     the surviving spouse in a lump sum, as soon as administratively
2-19     possible after the fund receives notice of the election, an amount
2-20     equal to the credits that the member's DROP account would have
2-21     received, including interest, if the member had established the
2-22     DROP account after becoming eligible for service retirement, but
2-23     not more than five years before the date of the member's death; and
2-24                 (2)  the amount of the benefit payable to the surviving
2-25     spouse under Section 7.03 of this Act is 75 percent of the benefit
2-26     the member would have been eligible to receive if the member had
2-27     established the DROP account on becoming eligible for service
 3-1     retirement, but not more than five years before the date of the
 3-2     member's death.
 3-3           (e)  If a member who did not establish a DROP account under
 3-4     this section but was eligible to do so dies before retirement
 3-5     without leaving a surviving spouse, the surviving dependent
 3-6     children, if any, may elect to participate in the DROP if the
 3-7     dependent children have not received any benefit payments under
 3-8     Section 7.05 of this Act.  An election under this subsection must
 3-9     be made by all of the surviving dependent children of the member,
3-10     except that the guardian of any child who is younger than 18 years
3-11     of age at the time of the election makes a binding election for the
3-12     child.  If the surviving dependent children make an election under
3-13     this subsection:
3-14                 (1)  the board of trustees shall cause to be paid
3-15     jointly to the dependent children in a lump sum, as soon as
3-16     administratively possible after the fund receives notice of the
3-17     election, an amount equal to the credits the member's DROP account
3-18     would have received, including interest, if the member had
3-19     established the DROP account after becoming eligible for service
3-20     retirement, but not less than the credits the DROP account would
3-21     have received, including interest, based on 20 years of service
3-22     credit; and
3-23                 (2)  the amount of the benefit payable to the dependent
3-24     children under Section 7.05(a) is 75 percent of the benefit the
3-25     member would have been entitled to receive if the member had
3-26     established the DROP account on becoming eligible for service
3-27     retirement, but based on not less than 20 years of service credit.
 4-1           SECTION 4.  Section 9.04(b), Chapter 183, Acts of the 64th
 4-2     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
 4-3     Civil Statutes), is amended to read as follows:
 4-4           (b)  If an adjustment under Subsection (a)  of this section
 4-5     would exceed one-half of one percent of a person's benefit, the
 4-6     portion of the [An] adjustment that exceeds one-half of one percent
 4-7     of the benefit may not be made under this section unless the
 4-8     board's actuary has advised the board of trustees that the
 4-9     adjustment would not impair the financial stability of the fund and
4-10     the adjustment has been approved by the affirmative vote of a
4-11     majority of the board of trustees. If an adjustment under
4-12     Subsection (a) of this section would be one-half of one percent or
4-13     less of a person's benefit, the adjustment may not be made under
4-14     this section unless the board's actuary has advised the board of
4-15     trustees that the adjustment would not impair the financial
4-16     stability of the fund.
4-17           SECTION 5.  This Act takes effect September 1, 1999.
4-18           SECTION 6.  The importance of this legislation and the
4-19     crowded condition of the calendars in both houses create an
4-20     emergency and an imperative public necessity that the
4-21     constitutional rule requiring bills to be read on three several
4-22     days in each house be suspended, and this rule is hereby suspended.