1-1     By:  Greenberg (Senate Sponsor - Shapleigh)           H.B. No. 1739
 1-2           (In the Senate - Received from the House April 14, 1999;
 1-3     April 15, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 7, 1999, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 7, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to membership, service credit, benefits, and
 1-9     administration of the statewide retirement system for emergency
1-10     services personnel; providing an administrative penalty.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 1, Texas Statewide Emergency Services
1-13     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
1-14     amended by amending Subdivision (2) and adding Subdivision (18) to
1-15     read as follows:
1-16                 (2)  "Retirement age" means early retirement age or
1-17     normal retirement age.  "Early retirement age" means age 55.
1-18     "Normal retirement age" means the later of age 55 or the month a
1-19     member completes 15 years of qualified service.
1-20                 (18)  "Code" means the federal Internal Revenue Code of
1-21     1986.
1-22           SECTION 2.  Section 2, Texas Statewide Emergency Services
1-23     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
1-24     amended by amending Subsections (a), (b), and (c) and adding
1-25     Subsections (g)-(p) to read as follows:
1-26           (a)  The Texas statewide emergency services personnel
1-27     retirement fund is a trust fund with [in] the state treasury.
1-28           (b)  Participation in the fund is optional.  A governing body
1-29     may, in accordance with the usual procedures prescribed for taking
1-30     official action of the governing body, elect to participate in the
1-31     requirements of this Act.  Any action to not participate in the
1-32     requirements of this Act may be rescinded by the governing body at
1-33     any time.  A governing body [municipality] that has elected to
1-34     participate in this fund may not rescind that election.
1-35           (c)  Every governing body of a department that is eligible to
1-36     participate in the pension system and that is not currently exempt
1-37     under Subsection (b) of this section shall contribute for each
1-38     member at least $12 for each month of service beginning on the date
1-39     the member enters the pension system.  [Contributions must be paid
1-40     at least every 12 months.]  If the participating department is
1-41     situated in more than one political subdivision, the governing
1-42     bodies of such political subdivisions shall contribute equally
1-43     towards a total of at least $12 for each member for each month of
1-44     service.  A participating department shall pay contributions to the
1-45     fund at the times and in the manner the state board of trustees
1-46     prescribes by rule.  Contributions that are not paid within the
1-47     time required by the state board of trustees accrue interest at the
1-48     most recent assumed actuarial rate of return on investments of the
1-49     fund.  The attorney general may sue to collect unpaid accrued
1-50     interest.  Interest recovered shall be deposited in the fund.
1-51           (g)  The fund is intended to qualify under Section 401 of the
1-52     code, be exempt from federal income taxes under Section 501(a) of
1-53     the code, and conform at all times to applicable governmental
1-54     authorities.  If any provision of this Act is subject to more than
1-55     one construction, only one of which will permit the qualification
1-56     of the fund, the construction that will permit the fund to qualify
1-57     will prevail.
1-58           (h)  The fund must be maintained for the exclusive benefit of
1-59     members and their beneficiaries.  At no time before the termination
1-60     of the fund and the satisfaction of all liabilities with respect to
1-61     members and their beneficiaries may any part of the principal or
1-62     interest from the assets of the fund be used for or diverted to a
1-63     purpose other than the exclusive benefit of the members and their
1-64     beneficiaries.
 2-1           (i)  Notwithstanding any other provision of this Act, the
 2-2     annual benefit provided in any year based on the service of any
 2-3     member may not exceed the amount permitted by Section 415(b) of the
 2-4     code for that year.  If the aggregated benefit otherwise payable to
 2-5     any member under this Act and any other defined benefit plan
 2-6     maintained by a governing body that contributes to the fund on
 2-7     behalf of the member would otherwise exceed the limits provided by
 2-8     Section 415(b) of the code, the reductions in benefits required by
 2-9     this subsection must first be made to the extent possible from the
2-10     other plan, and only after those reductions, from the fund.
2-11           (j)  A member's retirement pension may not begin later than
2-12     April 1 of the year after the later of the year in which the member
2-13     leaves active service or the year in which the member attains the
2-14     age of 70-1/2.  Benefits to a qualified beneficiary may not begin
2-15     later than one year after the date of the member's death and must
2-16     otherwise satisfy the requirements of Section 401(a)(9) of the
2-17     code, except that benefits to the surviving spouse of a deceased
2-18     member do not have to begin before the date the deceased member
2-19     would have attained the age of 55.
2-20           (k)  Any member or beneficiary who receives any eligible
2-21     rollover distribution, as defined by Section 402(c)(4) of the code,
2-22     from the fund is entitled to have that distribution transferred
2-23     directly to another eligible retirement plan of the member's or
2-24     beneficiary's choice on providing direction for the transfer
2-25     according to procedures established by the state board of trustees.
2-26           (l)  The annual compensation taken into account for any
2-27     purpose under this Act for any ineligible participant may not
2-28     exceed $150,000 or an amount adjusted under guidelines provided by
2-29     the secretary of the United States Treasury.  For purposes of this
2-30     subsection, an ineligible participant is a person who first became
2-31     a member of the fund after 1995.
2-32           (m)  The retirement benefit earned by a member becomes
2-33     nonforfeitable not later than the date the member attains normal
2-34     retirement age.  The retirement benefit earned by a member also
2-35     becomes nonforfeitable, if not already nonforfeitable and to the
2-36     extent the benefit has been funded, on the termination or partial
2-37     termination of the fund or the complete discontinuance of
2-38     contributions to the fund.
2-39           (n)  A forfeiture occurring under this Act may not be used to
2-40     increase the benefits any member otherwise would receive under this
2-41     Act.
2-42           (o)  The state board of trustees may adopt rules to implement
2-43     this Act.  The board by rule shall implement this Act in a manner
2-44     that preserves the tax qualification of the fund under the code and
2-45     may revise any provision or program to the extent necessary to
2-46     retain tax qualification.
2-47           (p)  Notwithstanding any other provision of this Act,
2-48     contributions, benefits, and qualified service for military service
2-49     shall be provided in compliance with Section 414(u) of the code.
2-50           SECTION 3.  Section 2A(c), Texas Statewide Emergency Services
2-51     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
2-52     amended to read as follows:
2-53           (c)  A member who performs qualified service for more than
2-54     one participating department under this Act may become eligible to
2-55     receive service retirement benefits for service for each
2-56     department, but, if the person dies while a member, the member's
2-57     beneficiary must choose between an on-duty and off-duty death
2-58     benefit, if applicable.
2-59           SECTION 4.  Section 3, Texas Statewide Emergency Services
2-60     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
2-61     amended by amending Subsection (a) and adding Subsection (d) to
2-62     read as follows:
2-63           (a)  A member who terminates service is entitled to [shall]
2-64     receive a retirement annuity payable in monthly installments on
2-65     reaching early retirement age or normal retirement age, subject to
2-66     the vesting provisions in Section 6 of this Act.
2-67           (d)  The cashing or depositing of the first payment of a
2-68     retirement annuity by a person who is entitled to it is considered
2-69     acceptance of the  amount of the annuity and, if the annuity is
 3-1     based on the payee's service, is conclusive evidence for purposes
 3-2     of this Act that the payee is retired.
 3-3           SECTION 5.  Section 4, Texas Statewide Emergency Services
 3-4     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
 3-5     amended by  amending Subsections (b) and (c) and adding Subsections
 3-6     (d), (e), and (f) to read as follows:
 3-7           (b)  A member who is disabled during the performance of
 3-8     emergency service duties is automatically vested 100 percent as of
 3-9     the date of disability, if the disability occurs before the member
3-10     has completed 15 years of qualified service.  Benefits under this
3-11     subsection are payable if the member is unable to perform the
3-12     person's duties for the member's participating department and [or]
3-13     the duties of any other occupation for which the person is
3-14     reasonably suited by education, training, and experience.
3-15           (c)  A member whose disability results from performing
3-16     emergency service duties is guaranteed a disability benefit of at
3-17     least $300 a month.  The state board of trustees shall adopt rules
3-18     for an increase in disability benefits above the minimum required
3-19     by this subsection based on the monthly contributions of a
3-20     participating department for its members.
3-21           (d)  A local board of trustees shall require a member who is
3-22     receiving temporary disability benefits to file a disability rating
3-23     report from a physician every three months.  The board may choose
3-24     the physician.  When the reports indicate a significant change of
3-25     condition, the local board, after notice and a hearing, may adopt
3-26     an order to terminate benefit payments or place the member on
3-27     permanent disability.  The board shall adopt an order to terminate
3-28     benefit payments if the board determines that the standard provided
3-29     by Subsection (e) of this section has been met.  The board shall
3-30     send each order adopted under this subsection to the commissioner.
3-31           (e)  Disability benefits cease if the recipient becomes
3-32     capable of performing the duties of the person's most recent
3-33     position with a participating department or the duties of another
3-34     occupation for which the person is reasonably suited by education,
3-35     training, and experience.  Rejection by a disability benefits
3-36     recipient of an offer of employment in an occupation for which the
3-37     person is reasonably suited by education, training, and experience
3-38     is conclusive evidence for purposes of this Act that the person is
3-39     no longer eligible to receive disability benefits, if the
3-40     employment would provide the person with pay equal to or greater
3-41     than the pay the person was earning in the person's employment at
3-42     the time the disability occurred.
3-43           (f)  The state or local board of trustees may require
3-44     financial information from a person as a condition to the continued
3-45     receipt of disability benefits.  The information may include
3-46     federal income tax returns and wage earning forms required by the
3-47     federal Internal Revenue Service.  Failure to provide information
3-48     requested under this subsection is a ground for terminating
3-49     disability benefits.
3-50           SECTION 6.  Section 8, Texas Statewide Emergency Services
3-51     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
3-52     amended to read as follows:
3-53           Sec. 8.  CERTIFICATION OF PHYSICAL FITNESS.  A prospective
3-54     member shall present to the local board of trustees a certification
3-55     of physical fitness by a qualified physician.  If the local board
3-56     accepts the certification, the person becomes a member of the
3-57     pension system.  If the local board does not accept the
3-58     certification or if the person does not present a certification,
3-59     the person becomes a member of the pension system only if the local
3-60     board assigns the person to support duties.  A local board of
3-61     trustees shall assign a person to support duties if the person does
3-62     not present a certification and the person is at least 18 years of
3-63     age, is not retired from the pension system, and is not on a
3-64     probationary period of service before becoming a regular member of
3-65     a participating department.
3-66           SECTION 7.  Sections 11(b), (d), and (e), Texas Statewide
3-67     Emergency Services Retirement Act (Article 6243e.3, Vernon's Texas
3-68     Civil Statutes), are amended to read as follows:
3-69           (b)  The costs of the current pension plan shall be
 4-1     determined on an actuarially sound basis. The costs must be
 4-2     certified by a qualified actuary as of the effective date of merger
 4-3     or within two [three] years following [preceding] the date of
 4-4     merger.
 4-5           (d)  Following merger, a member's retirement benefits in the
 4-6     pension system are determined by [either] the future-service
 4-7     method, the buy-back accrued time method, or the buy-back method.
 4-8           (e)(1)  In the future-service method, the qualified service
 4-9     required to earn retirement benefits in the pension system begins
4-10     as of the date of merger.  [For determining a person's retirement
4-11     benefits in the pension system, a department may choose the formula
4-12     for benefits used in the current pension plan or the formula for
4-13     benefits as outlined in this Act.  Any retirement benefits accrued
4-14     prior to the date of merger will also be paid on retirement
4-15     according to the formula for benefits under the current pension
4-16     plan.]
4-17                 (2)  In the buy-back accrued time method of [in]
4-18     determining the member's retirement benefits in the pension system,
4-19     a department may choose the formula for benefits used in the
4-20     current pension plan or the formula for benefits as outlined in
4-21     this Act.  A member who has less than 15 years of service remaining
4-22     before retirement as of the date of merger may count time served
4-23     under the current pension plan before the date of merger as
4-24     qualified service if the service complies with the attendance
4-25     requirements provided for qualified service.  The time period
4-26     necessary to make 15 years of service before retirement may be
4-27     used.
4-28                 (3)  In the buy-back method, the member's retirement
4-29     benefits in the pension system are based on the formula for
4-30     benefits as outlined in this Act without regard to the member's
4-31     age.  The maximum service that may be bought under this method is
4-32     15 years.
4-33           SECTION 8.  Section 21(a), Texas Statewide Emergency Services
4-34     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
4-35     amended to read as follows:
4-36           (a)  The board shall employ the certified public accountant,
4-37     the actuary, and the investment consultant [advisors] for the fund
4-38     and may acquire computer or custodial services for the fund.  The
4-39     costs [cost] of accounting, actuarial, investment consulting,
4-40     computer, or custodial services and administrative expenses may be
4-41     paid from income earned by investment of the fund.
4-42           SECTION 9.  Section 23, Texas Statewide Emergency Services
4-43     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), is
4-44     amended to read as follows:
4-45           Sec. 23.  ADDITIONAL DUTIES OF [THE] LOCAL BOARD OF TRUSTEES.
4-46     (a)  The local board of trustees shall monitor the timely
4-47     submission of required contributions to the commissioner.
4-48           (b)  Each local board shall file with the commissioner an
4-49     annual report containing information required by the commissioner.
4-50     The report must be filed within the time required by the
4-51     commissioner.
4-52           (c)  The local board shall hear and decide all claims for
4-53     benefits according to the procedures in Section 7 of this Act.
4-54           (d) [(c)]  The board shall mail a copy of a decision on a
4-55     claim to the parties involved and to the commissioner.
4-56           (e) [(d)]  The board shall keep complete records of all
4-57     claims and proceedings.
4-58           [(e)  The local board shall require a member who is receiving
4-59     temporary disability benefits to file a disability rating report
4-60     from a physician every three months.  The board may choose the
4-61     physician.  When the reports indicate a significant change of
4-62     condition, the local board, after notice and a hearing, may enter
4-63     an order to terminate benefit payments or place the member on
4-64     permanent disability.  The order is sent to the commissioner.  If
4-65     the board terminates benefits, the member is presumed able to
4-66     perform the person's duties for a participating department or
4-67     perform the duties of another occupation for which the person is
4-68     reasonably suited by education, training, and experience.]
4-69           SECTION 10.  The Texas Statewide Emergency Services
 5-1     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes) is
 5-2     amended by adding Sections 23A and 23B to read as follows:
 5-3           Sec. 23A.  ADMINISTRATIVE PENALTY.  (a)  The state board of
 5-4     trustees may impose an administrative penalty on a local board of
 5-5     trustees that fails to file in a timely manner an annual report
 5-6     required under Section 23(b) of this Act.
 5-7           (b)  The amount of the penalty may not exceed $5,000.  The
 5-8     amount shall be based on:
 5-9                 (1)  the seriousness of the violation, including the
5-10     nature, circumstances, extent, and gravity of the violation;
5-11                 (2)  the history of previous violations;
5-12                 (3)  the amount necessary to deter a future violation;
5-13                 (4)  efforts to correct the violation; and
5-14                 (5)  any other matter that justice may require.
5-15           (c)  The state board of trustees may adopt rules for
5-16     determining the amount of a penalty.
5-17           (d)  The attorney general may sue to collect the penalty.
5-18     Penalties recovered will be deposited in the fund.
5-19           (e)  A proceeding to impose the penalty is considered to be a
5-20     contested case under Chapter 2001, Government Code.
5-21           Sec. 23B.  INTERRUPTION OF PAYMENTS.  (a)  The pension system
5-22     shall withhold payments of a monthly retirement annuity if a
5-23     participating department attempts to provide information to the
5-24     commissioner relating to continued eligibility to receive the
5-25     payments and the recipient fails to cooperate or provide the
5-26     requested information.  The state board of trustees may adopt rules
5-27     to enforce this subsection.
5-28           (b)  The pension system may not begin retirement annuity,
5-29     disability, or death payments based on the service of a person
5-30     whose local board of trustees is not current in its filing of an
5-31     annual report required under Section 23(b) of this Act.
5-32           SECTION 11.  Section 404.094(d), Government Code, is amended
5-33     to read as follows:
5-34           (d)  A state agency that receives money from securities
5-35     transactions under applicable law, including Chapter 815 or 825,
5-36     Government Code, Chapter 161, 162, or 164, Natural Resources Code,
5-37     [and] Chapter 43, Education Code, and the Texas Statewide Emergency
5-38     Services Retirement Act (Article 6243e.3, Vernon's Texas Civil
5-39     Statutes), with the comptroller's approval may, as an alternative
5-40     to the deposit of the funds as provided by Subsection (a), net
5-41     funds received against purchases of securities occurring within one
5-42     business day.  Any proceeds received and available for reinvestment
5-43     that are not reinvested within one business day of receipt shall be
5-44     deposited in the state treasury as provided by Subsection (a).  An
5-45     agency authorized to net securities transactions under this section
5-46     is subject to the accounting and reporting procedures established
5-47     by the comptroller.
5-48           SECTION 12.  This Act takes effect September 1, 1999.
5-49           SECTION 13.  The importance of this legislation and the
5-50     crowded condition of the calendars in both houses create an
5-51     emergency and an imperative public necessity that the
5-52     constitutional rule requiring bills to be read on three several
5-53     days in each house be suspended, and this rule is hereby suspended.
5-54                                  * * * * *