76R13442 GJH-D
By Uher, Gallego H.B. No. 2437
Substitute the following for H.B. No. 2437:
By Williams C.S.H.B. No. 2437
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disability retirement benefits for certain peace
1-3 officers under the Employees Retirement System of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 814.207(b), (c), and (e), Government
1-6 Code, are amended to read as follows:
1-7 (b) Except as provided by Subsection (c) or (e), an
1-8 occupational disability retirement annuity under this section is an
1-9 amount, but not more than 100 percent, computed on the basis of the
1-10 officer's monthly compensation at the time of the disabling injury
1-11 or disease, times a percentage derived by application of Section
1-12 814.107(b).
1-13 (c) A disability retirement annuity under this section is
1-14 not reducible because of age and may not be less than 70 [50]
1-15 percent of the [officer's] monthly compensation being paid to an
1-16 officer in the same classification as the officer, as adjusted from
1-17 time to time until the retired officer attains the age of 55,
1-18 regardless of the amount of service credited to the officer in the
1-19 employee class.
1-20 (e) If a retiring member or retiree under this section
1-21 presents evidence satisfactory to the retirement system that the
1-22 person's condition makes the person incapable of gainful occupation
1-23 and is considered a total disability under federal social security
1-24 law, the retirement system shall increase the person's occupational
2-1 disability retirement annuity to 100 percent of the [officer's]
2-2 monthly compensation being paid to an officer in the same
2-3 classification as the officer, as adjusted from time to time until
2-4 the retired officer attains the age of 55 [at the time of the
2-5 disabling injury or disease].
2-6 SECTION 2. (a) The Employees Retirement System of Texas
2-7 shall recompute an annuity that first became payable before
2-8 September 1, 1999, as though Section 814.207(c), Government Code,
2-9 as amended by this Act, was in effect on the date the annuity first
2-10 became payable.
2-11 (b) The first payment of the recomputed annuity is payable
2-12 on the first payment date occurring on or after the effective date
2-13 of this Act.
2-14 SECTION 3. This Act takes effect September 1, 1999.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.