By Uher H.B. No. 2437
76R8471 GJH-D
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. Section 814.207, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN
1-8 PEACE OFFICERS. (a) An annuity payable because of an occupational
1-9 disability that directly results from a risk or hazard to which law
1-10 enforcement or custodial officers are exposed because of the nature
1-11 of law enforcement or custodial duties is payable under the same
1-12 terms and conditions that apply to other occupational disability
1-13 retirement annuities under this subtitle, except that the source
1-14 and amount of the annuity are as provided by this section.
1-15 (b) [Except as provided by Subsection (c), an occupational
1-16 disability retirement annuity under this section is an amount, but
1-17 not more than 100 percent, computed on the basis of the officer's
1-18 monthly compensation at the time of the disabling injury or
1-19 disease, times a percentage derived by application of Section
1-20 814.107(b).]
1-21 [(c)] A disability retirement annuity under this section is
1-22 100 [not reducible because of age and may not be less than 50]
1-23 percent of the [officer's] monthly compensation being paid to an
1-24 officer in the same classification as the officer, as adjusted from
2-1 time to time until the retired officer attains the age of 55,
2-2 regardless of the amount of service credited to the officer in the
2-3 employee class.
2-4 (c) [(d)] The portions of the annuity under this section
2-5 payable from the law enforcement and custodial officer supplemental
2-6 retirement fund are the amount remaining after deduction of any
2-7 amount payable under Section 814.206, except the portion of an
2-8 amount that exceeds the minimum payments provided by Section
2-9 814.206(b) and that is made for service other than as a law
2-10 enforcement or custodial officer [and any amount by which an
2-11 annuity is increased under Subsection (e)].
2-12 [(e) If a retiring member or retiree under this section
2-13 presents evidence satisfactory to the retirement system that the
2-14 person's condition makes the person incapable of gainful occupation
2-15 and is considered a total disability under federal social security
2-16 law, the retirement system shall increase the person's occupational
2-17 disability retirement annuity to 100 percent of the officer's
2-18 monthly compensation at the time of the disabling injury or
2-19 disease.]
2-20 SECTION 2. This Act takes effect September 1, 1999.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.