1-1     By:  Naishtat (Senate Sponsor - Barrientos)           H.B. No. 1207
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 6, 1999, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to benefits and administration of retirement systems for
 1-9     firefighters in certain municipalities.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Article 1, Chapter 183, Acts of the 64th
1-12     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
1-13     Civil Statutes), is amended by adding Section 1.05 to read as
1-14     follows:
1-15           Sec. 1.05.  AGREEMENT MAY NOT SUPERSEDE THIS ACT.
1-16     Notwithstanding Section 143.307, Local Government Code, an
1-17     agreement between a public employer and an association under
1-18     Subchapter I, Chapter 143, Local Government Code, may not supersede
1-19     or preempt any provision of this Act and may not increase,
1-20     diminish, or qualify any right, benefit, privilege, or obligation
1-21     under this Act.
1-22           SECTION 2.  Section 8.04, Chapter 183, Acts of the 64th
1-23     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
1-24     Civil  Statutes), is amended to read as follows:
1-25           Sec. 8.04.  AMOUNT OF CREDITS TO MEMBER'S DROP ACCOUNT. The
1-26     amount credited monthly to the member's DROP account:
1-27                 (1)  shall [may not] be increased as a result of any
1-28     increase in the formula used in computing service retirement
1-29     benefits under Section 5.04 of this Act that occurs after the
1-30     effective date of the member's election to participate in the DROP
1-31     but before the effective date of the member's retirement;
1-32                 (2)  shall be increased by any annual cost-of-living
1-33     adjustments under Section 9.04 of this Act that occur between the
1-34     effective date of the member's election to participate in the DROP
1-35     and the effective date of the member's retirement but only as to
1-36     amounts credited to the member's DROP account after a
1-37     cost-of-living adjustment; and
1-38                 (3)  is subject to the limitations prescribed by
1-39     Section 9.03 of this Act.
1-40           SECTION 3.  Section 8.06, Chapter 183, Acts of the 64th
1-41     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
1-42     Civil Statutes), is amended by adding Subsections (d) and (e) to
1-43     read as follows:
1-44           (d)  If a member who did not establish a DROP account under
1-45     this section but was eligible to do so dies before retirement, the
1-46     surviving spouse,  if any, of that member may elect to participate
1-47     in the DROP if the surviving spouse has not received any benefit
1-48     payments under Section 7.01 of this Act.  If a surviving spouse
1-49     makes an election under this subsection:
1-50                 (1)  the board of trustees shall cause to be paid to
1-51     the surviving spouse in a lump sum, as soon as administratively
1-52     possible after the fund receives notice of the election, an amount
1-53     equal to the credits that the member's DROP account would have
1-54     received, including interest, if the member had established the
1-55     DROP account after becoming eligible for service retirement, but
1-56     not more than five years before the date of the member's death; and
1-57                 (2)  the amount of the benefit payable to the surviving
1-58     spouse under Section 7.03 of this Act is 75 percent of the benefit
1-59     the member would have been eligible to receive if the member had
1-60     established the DROP account on becoming eligible for service
1-61     retirement, but not more than five years before the date of the
1-62     member's death.
1-63           (e)  If a member who did not establish a DROP account under
1-64     this section but was eligible to do so dies before retirement
 2-1     without leaving a surviving spouse, the surviving dependent
 2-2     children, if any, may elect to participate in the DROP if the
 2-3     dependent children have not received any benefit payments under
 2-4     Section 7.05 of this Act.  An election under this subsection must
 2-5     be made by all of the surviving dependent children of the member,
 2-6     except that the guardian of any child who is younger than 18 years
 2-7     of age at the time of the election makes a binding election for the
 2-8     child.  If the surviving dependent children make an election under
 2-9     this subsection:
2-10                 (1)  the board of trustees shall cause to be paid
2-11     jointly to the dependent children in a lump sum, as soon as
2-12     administratively possible after the fund receives notice of the
2-13     election, an amount equal to the credits the member's DROP account
2-14     would have received, including interest, if the member had
2-15     established the DROP account after becoming eligible for service
2-16     retirement, but not less than the credits the DROP account would
2-17     have received, including interest, based on 20 years of service
2-18     credit; and
2-19                 (2)  the amount of the benefit payable to the dependent
2-20     children under Section 7.05(a) is 75 percent of the benefit the
2-21     member would have been entitled to receive if the member had
2-22     established the DROP account on becoming eligible for service
2-23     retirement, but based on not less than 20 years of service credit.
2-24           SECTION 4.  Section 9.04(b), Chapter 183, Acts of the 64th
2-25     Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's Texas
2-26     Civil Statutes), is amended to read as follows:
2-27           (b)  If an adjustment under Subsection (a)  of this section
2-28     would exceed one-half of one percent of a person's benefit, the
2-29     portion of the [An] adjustment that exceeds one-half of one percent
2-30     of the benefit may not be made under this section unless the
2-31     board's actuary has advised the board of trustees that the
2-32     adjustment would not impair the financial stability of the fund and
2-33     the adjustment has been approved by the affirmative vote of a
2-34     majority of the board of trustees. If an adjustment under
2-35     Subsection (a) of this section would be one-half of one percent or
2-36     less of a person's benefit, the adjustment may not be made under
2-37     this section unless the board's actuary has advised the board of
2-38     trustees that the adjustment would not impair the financial
2-39     stability of the fund.
2-40           SECTION 5.  This Act takes effect September 1, 1999.
2-41           SECTION 6.  The importance of this legislation and the
2-42     crowded condition of the calendars in both houses create an
2-43     emergency and an imperative public necessity that the
2-44     constitutional rule requiring bills to be read on three several
2-45     days in each house be suspended, and this rule is hereby suspended.
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