1-1     By:  Turner of Harris (Senate Sponsor - Gallegos)     H.B. No. 3377
 1-2           (In the Senate - Received from the House April 21, 1999;
 1-3     April 22, 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 membership and credit in and benefits and
 1-9     administration of public retirement systems for police officers in
1-10     certain municipalities.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Title 109, Revised Statutes, is amended by adding
1-13     Article 6243g-4 to read as follows:
1-14           Art. 6243g-4.  POLICE OFFICERS PENSION SYSTEM IN CERTAIN
1-15     MUNICIPALITIES
1-16           Sec. 1.  PURPOSE.  The purpose of this article is to restate
1-17     and amend the provisions of former law governing a police officers
1-18     pension system in each city in this state having a population of
1-19     1.5 million or more, according to the most recent federal decennial
1-20     census, to permit the consolidation of the terms of certain pension
1-21     plans.
1-22           Sec. 2.  DEFINITIONS.  In this article:
1-23                 (1)  "Active member" means an employee who holds a
1-24     classified position in a police department of a city subject to
1-25     this article, except an employee who is a part-time, seasonal, or
1-26     temporary employee.
1-27                 (2)  "Average total direct pay" means a member's total
1-28     direct pay for the 26 pay periods immediately preceding the date of
1-29     separation from service or the date of entry into DROP, if earlier,
1-30     divided by 12.
1-31                 (3)  "Base salary" means the monthly base pay provided
1-32     for the classified position in the police department held by the
1-33     member.
1-34                 (4)  "Board" means the board of trustees of the pension
1-35     system.
1-36                 (5)  "Code" means the federal Internal Revenue Code of
1-37     1986, or any successor, as amended.
1-38                 (6)  "Dependent" means a dependent child or a dependent
1-39     parent.
1-40                 (7)  "Dependent child" means a deceased member's
1-41     unmarried natural or adopted child who:
1-42                       (A)  has not attained age 18;
1-43                       (B)  has attained age 18 but not age 22 and is
1-44     attending school on a full-time basis; or
1-45                       (C)  has attained age 18 and is permanently
1-46     disabled as the result of a disability that began before the child
1-47     attained age 18.
1-48                 (8)  "Dependent parent" means a natural parent of a
1-49     deceased member or an adoptive parent who adopted the member before
1-50     the member attained age 18 and at least 50 percent of whose support
1-51     was received from the member during the one-year period preceding
1-52     the date of death of the member.
1-53                 (9)  "DROP" means the deferred retirement option plan
1-54     described by Section 14 of this article.
1-55                 (10)  "Employee" means an individual who holds a
1-56     classified position in the police department of a city subject to
1-57     this article.
1-58                 (11)  "Former member" means a person who was once an
1-59     active member, vested or not, but has terminated active member
1-60     status and received a refund of member contributions.
1-61                 (12)  "Fund" means the fund originally established by
1-62     Chapter 76, Acts of the 50th Legislature, Regular Session, 1947
1-63     (Article 6243g-1, Vernon's Texas Civil Statutes).
1-64                 (13)  "Inactive member" means a person who has
 2-1     separated from service and has a vested right to a service pension
 2-2     from the pension system but is not eligible for an immediate
 2-3     service pension.  The term does not include a former member.
 2-4                 (14)  "Member" includes an active member, inactive
 2-5     member, or retired member, as the context may require, but does not
 2-6     include a former member.
 2-7                 (15)  "Normal retirement date" means the date at which
 2-8     a member is eligible for an immediate service pension under Section
 2-9     12 of this article.
2-10                 (16)  "Pension" means a monthly payment for life from
2-11     the fund to a retired member.
2-12                 (17)  "Pension system" or "system" means the retirement
2-13     and disability plan for employees of any police department subject
2-14     to this article.
2-15                 (18)  "School" means any public or private school
2-16     through the 12th grade or any trade school, junior college,
2-17     college, or university beyond the 12th grade that is accredited by
2-18     a generally recognized accrediting authority.
2-19                 (19)  "Retired member" means a member who has separated
2-20     from service and who is eligible to receive an immediate service or
2-21     disability pension under this article.
2-22                 (20)  "Separation from service" means cessation of work
2-23     for the police department of a city subject to this article,
2-24     whether caused by death, discharge, resignation, or transfer to an
2-25     unclassified position.
2-26                 (21)  "Service" means the period of time a person is
2-27     employed in the police department of a city subject to this
2-28     article, except for any period of DROP participation, and includes
2-29     any period that the person is receiving a disability pension under
2-30     Section 15 of this article or is on a military leave of absence
2-31     described by Section 23 of this article, but only if the person
2-32     returns to active service after the period of disability or
2-33     military leave.  The term does not include periods in which a
2-34     person is suspended from duty without pay, on leave of absence
2-35     without pay, or separated from service.
2-36                 (22)  "Surviving spouse" means a person who was married
2-37     to an active, inactive, or retired member at the time of the
2-38     member's death and, in the case of an inactive or retired member,
2-39     before the member's separation from service or for a period of at
2-40     least five years before the retired or inactive member's death.
2-41                 (23)  "Total direct pay" means wages as defined by
2-42     Section 3401(a) of the code, plus any amounts that are not included
2-43     in gross income by reason of Section 125, 402(g)(2), or 457 of the
2-44     code and member contributions picked up pursuant to Section
2-45     414(h)(2) of the code, less any pay received for overtime work.
2-46     The term does not include nontaxable payments not expressly
2-47     described by this subdivision.
2-48           Sec. 3.  PENSION BOARD.  (a)  The board of trustees of the
2-49     pension system that was created under Chapter 76, Acts of the 50th
2-50     Legislature, Regular Session, 1947 (Article 6243g-1, Vernon's Texas
2-51     Civil Statutes), continues to be responsible for the general
2-52     administration, management, and operation of the pension system,
2-53     including the direction of investment and oversight of the fund's
2-54     assets.
2-55           (b)  The board is composed of seven members as follows:
2-56                 (1)  the administrative head of the city or the
2-57     administrative head's authorized representative;
2-58                 (2)  three employees of the police department having
2-59     membership in the pension system and elected in the manner
2-60     determined at a one-time election held for the pension system
2-61     before October 1, 1999;
2-62                 (3)  two retired members, elected in the manner
2-63     determined at a one-time election held for the pension system
2-64     before October 1, 1999, who are receiving pensions from the system
2-65     and are not officers or employees of the city; and
2-66                 (4)  the treasurer of the city or the person
2-67     discharging the duties of the city treasurer.
2-68           (c)  The terms of office of the board members elected as
2-69     described by Subsection (b)(2) of this section shall be three
 3-1     years, with one board member being elected every year at an
 3-2     election called by the board and held in December.  If a vacancy
 3-3     occurs among the three elected active board members, the board
 3-4     shall hold an election  within 60 days after the date the vacancy
 3-5     occurred.   At that election, an active member shall be elected to
 3-6     serve for the remainder of the term of the vacant position or for a
 3-7     full term if the term of the board member that caused the vacancy
 3-8     would have ended in that year.
 3-9           (d)  The terms of office of the board members elected as
3-10     described by Subsection (b)(3) of this section shall be three
3-11     years.  Beginning in 1999, and each third succeeding year, one
3-12     board member shall be elected at an election called by the board
3-13     and held in December.  Beginning in 2000, and each third succeeding
3-14     year, a second board member shall be elected at an election called
3-15     by the board and held in December.   If a vacancy occurs among the
3-16     two elected retired members of the board, the board shall hold an
3-17     election within 60 days after the date the vacancy occurred.   At
3-18     that election, a retired member shall be elected to serve for the
3-19     remainder of the term of the vacant position or for a full term if
3-20     the term of the board member that caused the vacancy would have
3-21     ended in that year.  A board member who is a retired member and who
3-22     was appointed to the board before January 1999 shall serve the
3-23     remainder of the board member's term.  On expiration of the
3-24     appointed term, the appointed board member is eligible to run for
3-25     the board position described by Subsection (b)(3) of this section
3-26     in the same manner as any other retired member.
3-27           (e)  A board member vacates the member's seat on the board if
3-28     the member is removed under Section 7 of this article or ceases to
3-29     meet the qualifications for the seat.
3-30           (f)  If it is so determined at a one-time election held for
3-31     the pension system before October 1, 1999, an officer or employee
3-32     of any employee organization or retiree organization or an employee
3-33     of the pension system is prohibited from being elected to,
3-34     appointed to, or in any other way becoming a member of the board.
3-35           (g)  Each board member shall, within 30 days after the date
3-36     of appointment or election, take an oath of office to diligently
3-37     and honestly administer the affairs of the pension system and not
3-38     knowingly violate, or willingly permit to be violated, this
3-39     article.
3-40           Sec. 4.  BOARD MEMBER LEAVE AND COMPENSATION.  (a)  Elected
3-41     members of the board who are employees of the city's police
3-42     department are entitled to leave from their employer to attend to
3-43     the official business of the pension system.
3-44           (b)  If the city employing an elected board member would
3-45     withhold any portion of the salary of the member who is attending
3-46     to official business of the pension system, the pension system may
3-47     elect to adequately compensate the city for the loss of service of
3-48     the member.  If the board, by an affirmative vote of at least four
3-49     board members, makes this election, the amounts shall be remitted
3-50     from the fund to the city, and the city shall pay the board
3-51     member's salary as if no loss of service had occurred.
3-52           (c)  The board, by an affirmative vote of at least four board
3-53     members, may elect to reimburse board members who are not employees
3-54     of the city for their time while attending to official business of
3-55     the pension system.  The amount of any reimbursement may not exceed
3-56     $350 a month for each affected board member.
3-57           Sec. 5.  OFFICERS; MEETINGS; EMPLOYEES.  (a)  The board
3-58     annually shall elect from its active and retired membership a
3-59     chairman.  The board also annually shall elect from its membership
3-60     a vice chairman and a secretary.
3-61           (b)  The board may hire one or more employees whose positions
3-62     and salaries shall be set by the board and who, acting under the
3-63     direction of the board, shall keep all of the records of and
3-64     perform all of the clerical services for the pension system.
3-65           (c)  The board may employ professional investment managers
3-66     and advisors to manage, or advise the board regarding the
3-67     management and investment of, the fund.  These professional
3-68     services may include investment counseling, evaluation of fund
3-69     performance, investment research, and other comparable services.
 4-1           (d)  The board may employ an actuary, legal counsel, an
 4-2     accountant, or another professional and pay the compensation for
 4-3     these services from the fund.
 4-4           (e)  The board shall hold regular monthly meetings at the
 4-5     time and place it designates by resolution.  The chairman,
 4-6     secretary, or any four board members may call a special meeting of
 4-7     the board.
 4-8           (f)  Each board member is entitled to one vote.
 4-9           (g)  Notice shall be given to all board members, unless
4-10     waived in writing, of any proposed meeting, by any method
4-11     reasonably calculated to provide adequate notice of the meeting.
4-12     The notice may be delivered by mail, in-hand personal delivery, or
4-13     facsimile or other electronically transmitted notice with
4-14     recordation of receipt by the receiving board member.  If all board
4-15     members attend a meeting, however, failure to give notice as
4-16     required by this subsection is excused.
4-17           (h)  The board shall keep accurate minutes of its meetings
4-18     and records of its proceedings.
4-19           Sec. 6.  GENERAL POWERS AND DUTIES.  (a)  The board shall
4-20     retain control over all money collected or to be collected for the
4-21     pension system, shall keep separate from all other funds all money
4-22     for the use and benefit of the system, and shall keep a record of
4-23     all claims, receipts, and disbursements in one or more books
4-24     maintained for that purpose.
4-25           (b)  The board shall establish the policies and procedures
4-26     for disbursements from the fund that it considers appropriate.
4-27           (c)  The board may reimburse a board member or an officer or
4-28     employee of the board for liability imposed as damages because of
4-29     an alleged act, error, or omission committed in the individual's
4-30     capacity as a fiduciary or co-fiduciary of assets of the fund or as
4-31     an officer or employee of the board and for costs and expenses
4-32     incurred by a fiduciary or co-fiduciary officer or employee in
4-33     defense of a claim of an alleged act, error, or omission, or may
4-34     purchase from an insurer licensed to do business in this state one
4-35     or more policies of insurance that provide for the reimbursement.
4-36     However, no reimbursement may be provided and no policy of
4-37     insurance may be purchased under this subsection that would provide
4-38     for reimbursement of a board member or an officer or employee of
4-39     the board for liability imposed or expenses incurred because of the
4-40     individual's personal dishonesty, fraudulent breach of trust, lack
4-41     of good faith, intentional fraud or deception, or intentional
4-42     failure to act prudently.  The cost of reimbursement or insurance
4-43     coverage purchased under this subsection shall be paid from money
4-44     in the fund.
4-45           (d)  The board shall administer the pension system consistent
4-46     with the applicable provisions of the code.
4-47           (e)  The board is vested with the power to adopt for the
4-48     administration of the pension system written rules and guidelines
4-49     consistent with this article, including rules or guidelines to
4-50     ensure that the pension system and the fund meet the qualification
4-51     requirements of the code and regulations and rulings issued under
4-52     the code and that are applicable to governmental plans.
4-53           (f)  The board has full discretion and authority to
4-54     administer the pension system, to construe and interpret this
4-55     article, and to do all other acts necessary to carry out the
4-56     purpose of this article.  All decisions of the board are final and
4-57     binding on all affected parties.
4-58           Sec. 7.  REMOVAL OF BOARD MEMBER.  (a)  An elected board
4-59     member may be removed from the board either by a vote of the
4-60     membership of the pension system at a removal election initiated
4-61     and held as provided by this section or by a vote of five board
4-62     members together with a decision to remove the board member made by
4-63     a hearing examiner as provided by this section.
4-64           (b)  An appointed member of the board may be removed from the
4-65     board by the administrative head of the city.
4-66           (c)  To initiate an election for removal of an elected board
4-67     member, a petition for removal signed by at least one-third of the
4-68     members and retired members of the pension system must be filed
4-69     with the board not later than the 45th day after the date the first
 5-1     signature on the petition is obtained.  Each signature must be
 5-2     legible and accompanied by the signer's printed name and employee
 5-3     payroll number, if any.  A member's payroll number may not be
 5-4     publicly disclosed.  A removal election must be held not later than
 5-5     the 30th day after the date the board certifies that a petition for
 5-6     removal satisfies the requirements for a petition under this
 5-7     subsection.  The results of a removal election are binding only if
 5-8     a majority of the active and retired members participate in the
 5-9     election.  A board member's service on the board ends on the
5-10     declaration by the board that a majority of those voting in the
5-11     removal election voted in favor of removal.
5-12           (d)  On the date the board makes a declaration under
5-13     Subsection (c) of this section, the board shall call a special
5-14     election to be held not earlier than the 20th or later than the
5-15     30th day after that date to fill the vacancy for the unexpired term
5-16     of the person who was removed.  The person who was removed is not
5-17     eligible to run in the special election but is eligible to run in
5-18     all subsequent board elections.
5-19           (e)  Except as otherwise provided by Subsections (a) and (b)
5-20     of this section, a board member may be removed only as provided by
5-21     this subsection and Subsections (f) and (g) of this section.  After
5-22     an affirmative vote of the board to remove a board member under
5-23     Subsection (a) of this section, the board or its designee and the
5-24     board member whose removal is proposed shall attempt to agree on
5-25     the selection of an impartial hearing examiner.  If the parties do
5-26     not agree on the selection of a hearing examiner not later than the
5-27     10th day after the date the board votes to remove the board member,
5-28     on the next workday the parties involved shall request a list of
5-29     seven qualified neutral arbitrators from the American Arbitration
5-30     Association of the Federal Mediation and Conciliation Service or
5-31     another arbitration organization with similarly stringent
5-32     standards.  The board member whose removal is proposed and the
5-33     board or their designees may agree on one of the seven neutral
5-34     arbitrators on the list.  If the parties fail to agree before the
5-35     26th day after the date the board first votes to remove the board
5-36     member, each party or the party's designee shall alternate striking
5-37     a name from the list, and the name remaining is the hearing
5-38     examiner.  The board member whose removal is proposed or the board
5-39     member's designee is entitled to strike the first name.  If the
5-40     25th day falls on a Saturday, Sunday, or legal holiday, the parties
5-41     must strike names from the list on the next workday.  The parties
5-42     or their designees must agree on a date for the hearing that is
5-43     within the period prescribed by Subsection (f) of this section.
5-44           (f)  The hearing must begin as soon as the hearing examiner
5-45     can be scheduled but not later than the 60th day after the date the
5-46     board votes to remove the board member.  In a hearing conducted
5-47     under this subsection, the hearing examiner may issue subpoenas.
5-48     The parties may agree to an expedited hearing procedure.  Unless
5-49     otherwise agreed by the parties, in an expedited procedure, the
5-50     hearing examiner must issue a decision not later than the 10th day
5-51     after the date the hearing ends.  Unless operating under an
5-52     expedited hearing procedure, the hearing examiner shall make a
5-53     reasonable effort to issue a decision not later than the 30th day
5-54     after the date the hearing ends.  The hearing examiner's inability
5-55     to meet the time requirements imposed by this subsection does not
5-56     affect the hearing examiner's jurisdiction or final decision.  The
5-57     final decision of the hearing examiner may be either to remove the
5-58     board member or not to remove the board member from the board.  A
5-59     decision may be made to remove the board member from the board only
5-60     if the hearing examiner determines that the board member violated
5-61     Subchapter A, Chapter 121, Property Code.  The hearing examiner's
5-62     fees and expenses shall be paid by the pension system.  The costs
5-63     of a witness shall be paid by the party who calls the witness.
5-64           (g)  If the hearing examiner's decision is to remove a board
5-65     member, the person removed is entitled to an opportunity to have
5-66     the hearing examiner's decision reviewed.  To have the decision
5-67     reviewed, not later than the 30th day after the date of a decision
5-68     under Subsection (f) of this section, the person removed must
5-69     obtain signatures of at least one-third of the active and retired
 6-1     members of the pension system requesting an election to overrule
 6-2     the removal decision under Subsection (f).  If the 30th day is a
 6-3     Saturday, Sunday, or legal holiday, the following workday is
 6-4     considered the 30th day.  Each signature must indicate the signing
 6-5     date beside the signature, be legible, and be accompanied by the
 6-6     signer's printed name and employee payroll number, if any.  A
 6-7     member's payroll number may not be publicly disclosed.  The board
 6-8     shall verify the list not later than the 10th day after the date
 6-9     the board receives it.  Not later than the 30th day after the date
6-10     the board has verified the signatures, the board shall hold an
6-11     election among the active and retired members.  If a majority of
6-12     the votes cast at an election in which a majority of the active and
6-13     retired members of the pension system participate favor overruling
6-14     the hearing examiner's decision, the board member shall be
6-15     reinstated.  If a majority do not vote to overrule the decision to
6-16     remove a board member, a replacement election must be held not
6-17     later than the 30th day after the date of the preceding election.
6-18           (h)  During the period beginning on the date of the board
6-19     vote to remove a board member and ending on the date the board
6-20     member is reinstated under this section, the person's privileges as
6-21     a board member, including voting privileges, are suspended.
6-22           Sec. 8.  CONTRIBUTIONS BY MEMBERS.  (a)  Each active member
6-23     of the pension system shall pay into the system each month 8-3/4
6-24     percent of the member's total direct pay.  The payments shall be
6-25     deducted by the city from the salary of each active member monthly
6-26     and paid to the pension system.  Except for the repayment of
6-27     withdrawn contributions under Section 17(f) or 18(c)(3) of this
6-28     article, a person may not be required or permitted to make any
6-29     payments into the pension system after the person separates from
6-30     service.
6-31           (b)  This article does not increase or decrease the
6-32     contribution obligation of any member that arose before September
6-33     1, 1999, or give rise to any claim for refund for any contributions
6-34     made before that date.
6-35           Sec. 9.  MONTHLY PAYMENT BY CITY.  (a)  For fiscal years
6-36     ending before June 30, 2002, the city shall make contributions to
6-37     the fund after each payroll period in an amount previously agreed
6-38     to by the city and the board.  For the fiscal year ending June 30,
6-39     2002, the city's contribution rate shall be composed of the normal
6-40     cost plus the level percentage of salary payment required to
6-41     amortize the actuarial liability over a period of 40 years from
6-42     January 1, 1983, computed on the basis of an acceptable actuarial
6-43     reserve funding method approved by the board.  For each fiscal year
6-44     ending after June 30, 2002, the city's contribution shall be the
6-45     sum of (1) an amount computed in the manner provided for the
6-46     contribution for the fiscal year ending June 30, 2002, plus (2) $2
6-47     million multiplied by the number of fiscal years that have ended
6-48     since June 30, 2002, but not more than 16 percent of the aggregate
6-49     total direct pay of all active members for the fiscal year.  If the
6-50     amount described by (1) in the preceding sentence is greater than
6-51     16 percent of the aggregate total direct pay of all active members
6-52     for the year, the amount described by (1) shall be contributed.
6-53           (b)  In addition to the contributions required by Subsection
6-54     (a) of this section, the city, if requested to do so by the board,
6-55     shall contribute to the fund each month an amount equal to the
6-56     aggregate payments the city, in the absence of this subsection,
6-57     would have paid during that month to members who have separated
6-58     from service for unused sick leave, vacation pay, and accumulated
6-59     overtime pay to which the members were entitled at the time of
6-60     separation from service if the members had 10 years or more of
6-61     service or would have had 10 years or more of service after
6-62     application of these amounts to provide additional service as
6-63     provided by Section 17 of this article.  Members described by this
6-64     section may no longer receive these payments directly.
6-65           (c)  The governing body of a city to which this article
6-66     applies by ordinance or resolution may provide that the city pick
6-67     up active member contributions required by Section 8 of this
6-68     article so that the contributions of all active members of the
6-69     pension system qualify as picked-up contributions under Section
 7-1     414(h)(2) of the code.  If the governing body of a city adopts an
 7-2     ordinance or resolution under this section, the city, the board,
 7-3     and any other necessary party shall implement the action as soon as
 7-4     practicable.  Contributions picked up as provided by this
 7-5     subsection shall be included in the determination of an active
 7-6     member's total direct pay, deposited to the individual account of
 7-7     the active member on whose behalf they are made, and treated for
 7-8     all purposes, other than federal tax purposes, in the same manner
 7-9     and with like effect as if they had been deducted from the salary
7-10     of, and made by, the active member.
7-11           Sec. 10.  INVESTMENT OF SURPLUS.  (a)  If the board
7-12     determines that a surplus of funds exists in an amount exceeding
7-13     the current demands upon the pension system, the board shall invest
7-14     the surplus funds in the manner provided for by Chapter 802,
7-15     Government Code.
7-16           (b)  The board may select an investment manager or investment
7-17     advisor if the board determines the service is desirable.
7-18     Selection of managers or advisors must be made from firms that have
7-19     made presentations in person or in writing to the board.
7-20           (c)  The board may terminate a contract with an investment
7-21     advisor at any time.  The board may terminate a contract with an
7-22     investment manager on notice the board considers appropriate.  A
7-23     contract may not require the pension system to pay a penalty for
7-24     early termination.  The costs of investment management or advisory
7-25     services shall be paid from the fund.
7-26           Sec. 11.  SERVICE CREDIT.  (a)  A member who returns to
7-27     service after an interruption in service is entitled to credit for
7-28     the previous service to the extent provided by Section 19 of this
7-29     article.  In addition, a member who is retiring shall receive
7-30     one-half day of service for each day for which the city is required
7-31     to make  contributions with respect to the member's unused sick
7-32     leave, vacation pay, or accumulated overtime under Section 9(b) of
7-33     this article, except to the extent that the member elects to have
7-34     the amounts credited to the member's DROP account.  Under no
7-35     circumstances may payments for the same days of unused sick leave,
7-36     vacation pay, or accumulated overtime be used to both increase a
7-37     member's service and credit the member's DROP account.
7-38           (b)  Notwithstanding Subsection (a) of this section, if a
7-39     member has withdrawn the contributions made during any previous
7-40     period of service, the previous period of service may not be
7-41     counted in determining years of service unless the contributions
7-42     are repaid to the pension system in accordance with Section 17 of
7-43     this article.
7-44           (c)  A member may not have any service credited for unused
7-45     sick leave, vacation pay, or accumulated overtime until the date
7-46     the member retires, at which time the member may apply some or all
7-47     of the service to satisfy the requirements for retirement, although
7-48     the member otherwise could not meet the service requirement without
7-49     the credit.
7-50           (d)  The board shall determine the prior service to be
7-51     credited to each employee of the police department who becomes an
7-52     active member of the pension system.  The board shall rely on the
7-53     personnel records of the city or the police department in
7-54     determining prior service credits.
7-55           Sec. 12.  RETIREMENT; AMOUNT OF PENSION; ANNUAL ADJUSTMENTS.
7-56     (a)  A member who separates from service after earning 20 or more
7-57     years of service is eligible to receive a monthly service pension,
7-58     beginning in the month of separation from service.  A member who
7-59     separates from service with the city after November 23, 1998,
7-60     after earning 10 or more but less than 20 years of service in any
7-61     of the city's pension systems and who complies with all applicable
7-62     requirements of Section 19 of this article is eligible to receive a
7-63     monthly service pension, beginning in the month the individual
7-64     attains 60 years of age.  An individual may not receive a pension
7-65     under this article while still an active member, except as provided
7-66     by Subsection (f) of this section.  All service pensions end with
7-67     the month in which the retired member dies.
7-68           (b)  Except as otherwise provided by this section, the
7-69     monthly service pension of a member who separates from service
 8-1     after November 23, 1998, is equal to 2.5 percent of the member's
 8-2     average total direct pay for each of the member's first 20 years of
 8-3     service, plus an additional two percent of the member's average
 8-4     total direct pay for each of the member's subsequent years of
 8-5     service, computed to the nearest one-twelfth of a year.  A member
 8-6     who separates from service after November 23, 1998, including a
 8-7     member who was a DROP participant, and begins to receive a monthly
 8-8     service pension shall also receive a one-time lump-sum payment of
 8-9     $5,000 at the same time the first monthly pension payment is made.
8-10     The lump-sum payment under this subsection is not available to a
8-11     member who has previously received a $5,000 payment under this
8-12     section or Section 16 of this article.
8-13           (c)  The pension payable to each retired member of the
8-14     pension system shall be adjusted annually, effective April 1 of
8-15     each year, upward at a rate equal to two-thirds of any percentage
8-16     increase in the Consumer Price Index for All Urban Consumers for
8-17     the preceding year.  The amount of the annual adjustment may not be
8-18     less than three percent  or more than eight percent of the pension
8-19     being paid immediately before the adjustment, notwithstanding a
8-20     greater or lesser increase in the consumer price index.
8-21           (d)  A retired member who receives a service pension under
8-22     this article is entitled to receive an additional amount each month
8-23     equal to $88.05, beginning on the date the retired member's pension
8-24     begins and continuing until the end of the month in which the
8-25     retired member dies.  This amount is intended to defray the retired
8-26     member's group medical insurance costs and will be paid directly by
8-27     the fund to the retired member for the retired member's lifetime.
8-28           (e)  At the end of each calendar year beginning after 1998,
8-29     and subject to the conditions provided by this subsection, the
8-30     pension system shall make a 13th benefit payment to each person who
8-31     is receiving a service pension.  The amount of the 13th payment
8-32     shall be the same as the last monthly payment received by the
8-33     retiree or survivor before issuance of the payment, except the
8-34     payment received by any person who has been in pay status for less
8-35     than 12 months shall be for a prorated amount determined by
8-36     dividing the amount of the last payment received by 12 and
8-37     multiplying this amount by the number of months the person has been
8-38     in pay status.  The 13th payment may be made only for those
8-39     calendar years in which:
8-40                 (1)  the assets held by the fund will equal or exceed
8-41     its liabilities after the 13th payment is made;
8-42                 (2)  the rate of return on the fund's assets exceeded
8-43     9.25 percent for the last fiscal year ending before the payment;
8-44     and
8-45                 (3)  the payment will not cause an increase in the
8-46     contribution the city would have been required to make if the 13th
8-47     payment had not been made.
8-48           (f)  Notwithstanding anything to the contrary in this
8-49     article, an active or inactive member who is eligible to
8-50     participate in the executive official pension plan established by
8-51     Chapter 358, Acts of the 48th Legislature, Regular Session, 1943
8-52     (Article 6243g, Vernon's Texas Civil Statutes), or a successor
8-53     statute, may, while continuing employment with the police
8-54     department, participate in the executive official pension plan and
8-55     elect:
8-56                 (1)  if an active member:
8-57                       (A)  to begin receiving an immediate pension
8-58     benefit and be considered a retired member eligible for all rights
8-59     and privileges afforded any other retired member under this
8-60     article, if the member has 20 years or more of service and is
8-61     eligible for retirement under this section except for the
8-62     continuing employment; or
8-63                       (B)  to enter DROP if the member satisfies all
8-64     requirements of this article for DROP membership; or
8-65                 (2)  if an inactive member, to begin receiving an
8-66     immediate pension benefit equal to 2.5 percent of the member's
8-67     average total direct pay at the time the member became inactive for
8-68     the member's first 20 years of service and be entitled to all
8-69     rights and privileges afforded a retired member under this article.
 9-1           (g)  Notwithstanding anything to the contrary in this
 9-2     article, service pensions that began before September 1, 1999,
 9-3     shall continue to be paid in accordance with applicable prior law,
 9-4     subject only to the adjustments that are specifically provided by
 9-5     this section.
 9-6           Sec. 13.  RESUMPTION OF SERVICE AS DEPARTMENT HEAD AFTER
 9-7     RETIREMENT.  (a)  The pension system shall suspend all pension
 9-8     payments to a retired member who has separated from service and is
 9-9     subsequently appointed as the department head of the police
9-10     department.  The suspension of payments begins on the effective
9-11     date of the person's appointment.
9-12           (b)  Pension benefits based on the person's previous period
9-13     of service do not accrue during the period of pension payment
9-14     suspension described by Subsection (a) of this section, but the
9-15     person again becomes an active member during this period, and
9-16     contributions of the city and the department head for the
9-17     subsequent service are payable during the period.  The department
9-18     head retains credit for all previous service and acquires credit
9-19     for the subsequent service unless the department head is or becomes
9-20     a DROP participant.
9-21           (c)  Once the department head again separates from service,
9-22     pension benefits under this article shall resume based on both
9-23     periods of service.
9-24           Sec. 14.  DEFERRED RETIREMENT OPTION PLAN.  (a)  In this
9-25     section "DROP benefit" means the total amount credited to a
9-26     member's notional DROP account, payable as described by this
9-27     section, plus a monthly retirement pension.
9-28           (b)  An active member who has at least 20 years of service
9-29     with the police department may file with the pension system an
9-30     irrevocable election to participate in DROP and receive a DROP
9-31     benefit instead of the standard form of pension provided by this
9-32     article.  The election may be made, under procedures established by
9-33     the board, by an active member who has attained the required years
9-34     of service.
9-35           (c)  The monthly service pension and death benefits of an
9-36     active member who becomes a DROP participant will be determined as
9-37     if the active member had separated from service and begun receiving
9-38     a pension on the effective date of the DROP election.  The active
9-39     member does not retire but does not accrue additional service
9-40     credit beginning on the effective date of the election, and
9-41     increases in pay that occur on or after that date may not be used
9-42     in computing the active member's monthly service pension, but
9-43     cost-of-living adjustments that occur on or after that date and
9-44     that otherwise would be applicable to the pension will be made.
9-45           (d)  The member's DROP benefit is determined as provided by
9-46     this subsection and Subsection (e) of this section.  Each month an
9-47     amount equal to the monthly service pension the active member would
9-48     have been entitled to receive if the active member had separated
9-49     from service on the effective date of entry into DROP, less any
9-50     amount that is intended to help defray the active member's group
9-51     medical insurance costs as described by Section 12(d) of this
9-52     article, shall be credited to a notional DROP account for the
9-53     active member, and each month an amount equal to the monthly
9-54     contributions the active member makes to the fund on and after the
9-55     effective date of entry into DROP also shall be credited to the
9-56     same notional DROP account.  In any year in which a 13th payment is
9-57     made to retired members under Section 12(e) of this article, an
9-58     amount equal to the amount of the 13th payment that would have been
9-59     made to the DROP participant if the DROP participant had retired on
9-60     the date of DROP entry will be credited to the DROP account.  In
9-61     addition, any amount that is contributed by the city under Section
9-62     9(b) of this article with respect to the active member's unused
9-63     sick leave, vacation pay, or accumulated overtime, and that is not
9-64     required to be used to provide 10 or 20 years of service to the
9-65     member under Section 11 of this article or used to repay withdrawn
9-66     contributions under Section 18(c) of this article shall be credited
9-67     to the DROP account as of the end of the month in which it is
9-68     contributed.
9-69           (e)  As of the end of each month an amount is credited to
 10-1    each active member's notional DROP account at the rate of
 10-2    one-twelfth of a hypothetical earnings rate on amounts in the
 10-3    account.  The hypothetical earnings rate is determined for each
 10-4    calendar year based on the average of the aggregate annual rate of
 10-5    return on investments of the pension system for the five
 10-6    consecutive fiscal years ending June 30 preceding the calendar year
 10-7    to which the earnings rate applies.  The board may lower any future
 10-8    rate below the rate otherwise prescribed by this subsection to the
 10-9    extent necessary to ensure that the DROP does not adversely affect
10-10    the financial condition of the fund.
10-11          (f)  If a DROP participant separates from service because of
10-12    disability or death, the member or the member's spouse or, if there
10-13    is no eligible spouse, any other person eligible to receive
10-14    benefits under Section 16 of this article, as applicable, may
10-15    either receive an amount equal to the member's DROP account or
10-16    revoke the member's DROP election and elect to receive benefits as
10-17    provided by this article without regard to this section.  A
10-18    revocation and election under this subsection must be made at the
10-19    time and in the manner provided in a procedure that the board may
10-20    adopt from time to time.  Alternatively, the retired member, a
10-21    deceased member's spouse, or, if there is no spouse, the person
10-22    entitled to receive benefits under Section 16 of this article may
10-23    elect to receive a distribution that is equal to the member's DROP
10-24    account and benefits as described by Subsection (c) of this
10-25    section.
10-26          (g)  In lieu of receiving a lump-sum DROP benefit on
10-27    separation from service, a retired member who has been a DROP
10-28    participant may leave the retired member's DROP account with the
10-29    pension system, in which case interest will be credited to the DROP
10-30    account in the manner described by this subsection.  The interest
10-31    credited for any month shall be at the applicable annual interest
10-32    rate as defined by Section 417(e)(3)(A)(ii)(II) of the code and
10-33    published by the Internal Revenue Service for June of the year
10-34    preceding the calendar year in which the interest is credited.
10-35          (h)  Instead of beginning to receive a service pension on
10-36    separation from service in accordance with Section 12 of this
10-37    article, a retired member who is a DROP participant may elect to
10-38    have part or all of the amount that would otherwise be paid as a
10-39    monthly service pension, less any amount required to pay the
10-40    retired member's share of group medical insurance costs, credited
10-41    to a DROP account, in which case the additional amounts will become
10-42    eligible to be credited with hypothetical earnings in the same
10-43    manner as the amounts described by Subsection (g) of this section.
10-44          (i)  A retired member who has not attained age 70-1/2,
10-45    whether or not a DROP participant before retirement, may elect to
10-46    have part or all of an amount equal to the monthly service pension
10-47    the retired member would otherwise be entitled to receive, less any
10-48    amount required to pay the retired member's share of group medical
10-49    insurance costs, credited to a DROP account, in which case the
10-50    amounts will become eligible to be credited with hypothetical
10-51    earnings in the same manner as the amounts described by Subsection
10-52    (g) of this section.  A retired member who has elected to have
10-53    monthly service pension benefits credited to a DROP account under
10-54    this subsection or Subsection (h) of this section may direct that
10-55    the credits stop and the monthly service pension resume at any
10-56    time.  However, a retired member who stops the credits at any time
10-57    after September 1, 1999, may not later resume the credits.
10-58          (j)  A retired member who is a DROP participant may elect to
10-59    receive distribution of the DROP account in a one-time lump-sum
10-60    payment or in any other form of distribution that is approved by
10-61    the board and satisfies the requirements of Section 401(a)(9) of
10-62    the code.  Distributions to a deceased member's survivors, as
10-63    described by Subsection (f) of this section, shall be made in a
10-64    lump sum as soon as administratively feasible after the deceased
10-65    member's death.
10-66          (k)  If a retired member who is or was a DROP participant is
10-67    rehired as an employee of the police department, any pension or
10-68    DROP distribution that was being paid shall be suspended and the
10-69    monthly amount described by Subsection (d) of this section will
 11-1    again begin to be credited to the DROP account while the member
 11-2    continues to be an employee.  If the member's DROP account has been
 11-3    completely distributed, a new notional account will be created to
 11-4    receive the member's monthly credits.  If a retired member who was
 11-5    never a DROP participant is rehired as an employee of the police
 11-6    department, that member shall be eligible to elect participation in
 11-7    DROP on the same basis as any other member.
 11-8          (l)  If DROP causes any unanticipated actuarial costs, the
 11-9    board may take action as necessary to mitigate the unanticipated
11-10    actuarial cost, including discontinuing acceptance of additional
11-11    elections to participate in the DROP, but the pension system shall
11-12    continue to administer DROP for the members participating before
11-13    the date of discontinuance of enrollment.
11-14          Sec. 15.  DISABILITY BENEFITS.  (a)  An active member who
11-15    becomes totally and permanently incapacitated for the performance
11-16    of the member's duties as a result of a bodily injury received in,
11-17    or illness caused by, the performance of those duties shall, on
11-18    presentation to the board of proof of total and permanent
11-19    incapacity, be retired and shall receive an immediate
11-20    duty-connected disability pension equal to the greater of 50
11-21    percent of the member's average total direct pay at the time of
11-22    retirement or the member's accrued service pension.  If the injury
11-23    or illness involves a traumatic event that directly causes an
11-24    immediate cardiovascular condition resulting in a total disability,
11-25    the member is eligible for a duty-connected disability pension.  A
11-26    disability pension granted by the board shall be paid to the member
11-27    for the remainder of the member's life or for as long as the
11-28    incapacity remains.
11-29          (b)  A member with 10 years or more of credited service who
11-30    becomes totally and permanently incapacitated for the performance
11-31    of the member's duties and is not eligible for either an immediate
11-32    service pension or a duty-connected disability pension is eligible
11-33    for an immediate monthly pension computed in the same manner as a
11-34    service retirement pension but based on average total direct pay
11-35    and service accrued to the date of the disability.
11-36          (c)  A member who becomes entitled to receive a disability
11-37    pension after November 23, 1998, is entitled to receive a one-time
11-38    lump-sum payment of $5,000 at the same time the first monthly
11-39    disability pension payment is made, but only if the member has not
11-40    previously received a $5,000 payment under this section or Section
11-41    12 of this article.  The person shall also receive an additional
11-42    amount each month equal to $88.05, beginning on the date the
11-43    pension begins and continuing as long as the disability pension
11-44    continues, to help defray the cost of group medical insurance.  A
11-45    retired member whose disability pension continues and was in pay
11-46    status on November 23, 1998, is entitled to receive a one-time
11-47    lump-sum payment of $5,000 as soon as administratively feasible
11-48    after November 23, 1998.  This payment has no effect on the amount
11-49    of the retired member's monthly pension.  For any year in which a
11-50    13th payment is made to retired members under Section 12(e) of this
11-51    article, a 13th payment, computed in the same manner, shall also be
11-52    paid to members who have retired under this section.
11-53          (d)  A person may not receive a disability pension unless the
11-54    person files with the board an application for a disability pension
11-55    not later than 180 days after the date of separation from service,
11-56    at which time the board shall have the person examined by a
11-57    physician chosen and compensated by the board.  The physician shall
11-58    make a report and recommendations to the board regarding the extent
11-59    of any disability and whether any disability that is diagnosed is a
11-60    duty-connected disability.  A person may not receive a disability
11-61    pension for an injury received or illness incurred after separation
11-62    from service.
11-63          (e)  A retired member who has been retired for disability is
11-64    subject at all times to reexamination by a physician chosen and
11-65    compensated by the board and shall submit to further examination as
11-66    the board may require.  If a retired member refuses to submit to an
11-67    examination, the board may order the payments stopped.  If a
11-68    retired member who has been receiving a disability pension under
11-69    this section recovers so that in the opinion of the board the
 12-1    retired member is able to perform the usual and customary duties
 12-2    formerly performed for the police department, and the retired
 12-3    member is reinstated or offered reinstatement to the position, or
 12-4    to a position reasonably comparable in rank and responsibility to
 12-5    the position, held at the time of separation from service, the
 12-6    board shall order the member's disability pension stopped.
 12-7          (f)  The board may require any person who first becomes an
 12-8    active member of the pension system on or after September 1, 1999,
 12-9    and subsequently begins to receive a non-duty-connected disability
12-10    pension to provide the board annually, on or before May 1 of the
12-11    second year after the year the disability pension begins, a true
12-12    and complete copy of those portions of the retired member's federal
12-13    or, if applicable, state tax return, including appropriate
12-14    schedules, for the previous calendar year that indicate the retired
12-15    member's occupations and earned income for the previous calendar
12-16    year.  The pension system may waive the requirement for filing a
12-17    copy of the tax return or delay the due date until later in the
12-18    same calendar year if the retired member provides the board with a
12-19    true and complete copy of a grant of an extension of time for
12-20    filing the tax return from the appropriate governmental agency or a
12-21    true and complete copy of an extension request that results in any
12-22    automatic extension.  If the retired member is or has been
12-23    receiving earned income from one or more employments, including
12-24    self-employment, during the preceding year, the board may reduce
12-25    future disability pension payments in accordance with the following
12-26    formula:  $1 for each $1 that the sum of "a" + "b" is greater than
12-27    "c," where "a" is the earned income of the retired member
12-28    attributable to the previous calendar year from the retired
12-29    member's employments, "b" is the amount of disability pension
12-30    received in the previous calendar year, and "c" is the total direct
12-31    pay received as of the date the member separated from service.  For
12-32    purposes of this computation, the total direct pay in "c" is
12-33    considered increased at the rate prescribed by Section 12(c) of
12-34    this article, as of each April 1 that the retired member receives
12-35    the disability pension.
12-36          (g)  For purposes of this section, a member is totally and
12-37    permanently incapacitated from performing duties if the member is
12-38    prevented by a physical or mental injury or illness from performing
12-39    duties in the police department after any reasonable accommodation
12-40    offered by the police department and this condition is expected to
12-41    be permanent.
12-42          Sec. 16.  RIGHTS OF SURVIVORS.  (a)  For purposes of this
12-43    article, a marriage is considered to exist only if the marriage is
12-44    recorded in the records of the recorder's office in the county in
12-45    which the marriage ceremony was performed or, in the case of a
12-46    declaration of common-law marriage, if the declaration is signed by
12-47    the member and the member's common-law spouse before a notary
12-48    public and filed with the board.  In addition, a marriage that is
12-49    evidenced by a declaration of common-law marriage signed before a
12-50    notary public after December 31, 1999, may not be treated as
12-51    effective earlier than the date on which it was signed before the
12-52    notary public.
12-53          (b)  If a retired member dies after becoming entitled to a
12-54    service or disability pension, the board shall pay an immediate
12-55    monthly benefit as follows:
12-56                (1)  to the surviving spouse, if there is a surviving
12-57    spouse, a sum equal to the pension that was being received by the
12-58    retired member at the time of death;
12-59                (2)  to the guardian of any dependent children, on
12-60    behalf of the dependent children, if there is no spouse entitled to
12-61    an allowance, the sum a surviving spouse would have received, to be
12-62    divided equally among the dependent children if there is more than
12-63    one dependent child; or
12-64                (3)  to any dependent parents if no spouse or dependent
12-65    child is entitled to an allowance, the sum the spouse would have
12-66    received, to be divided equally between the two parents if there
12-67    are two dependent parents.
12-68          (c)  If a member of the pension system who has not completed
12-69    10 years of service in the police department is killed or dies from
 13-1    any cause growing out of or in consequence of any act clearly not
 13-2    in the actual performance of the member's official duty, the
 13-3    member's surviving spouse, dependent child or children, or
 13-4    dependent parent or parents are entitled only to a refund of the
 13-5    member's contributions to the pension system.
 13-6          (d)  If any active member who has completed 10 or more years
 13-7    of service in the police department is killed or dies from any
 13-8    cause growing out of or in consequence of any act clearly not in
 13-9    the actual performance of the member's official duty, the member's
13-10    surviving spouse, dependent child or children, or dependent parent
13-11    or parents are entitled to receive an immediate benefit, computed
13-12    in accordance with Subsection (b) of this section but based on the
13-13    deceased member's service and average total direct pay at the time
13-14    of death.  If any inactive member dies from any cause after
13-15    completing 10 or more years of service in the police department,
13-16    the member's surviving spouse, dependent child or children, or
13-17    dependent parent or parents are entitled to receive benefits
13-18    computed as provided in the preceding sentence and beginning at the
13-19    time the member would have attained age 60 if the member had lived.
13-20          (e)  If any active member is killed or dies from any cause
13-21    growing out of or in consequence of the performance of the member's
13-22    duty, the member's surviving spouse, dependent child or children,
13-23    or dependent parent or parents are entitled to receive immediate
13-24    benefits computed in accordance with Subsection (b) of this
13-25    section, except that the benefit payable to the spouse, or to the
13-26    guardian of the dependent child or children if there is no
13-27    surviving spouse, or the dependent parent or parents if there is no
13-28    surviving spouse or dependent child, is equal to 100 percent of the
13-29    member's average total direct pay, computed as of the date of
13-30    death.
13-31          (f)  A surviving spouse who receives a survivor's benefit
13-32    under this article is entitled to receive an additional amount each
13-33    month equal to $88.05, beginning with the first payment of the
13-34    survivor's benefit and continuing until the end of the month in
13-35    which the surviving spouse dies.
13-36          (g)  A surviving spouse or dependent who was in pay status on
13-37    November 23, 1998, is entitled to receive a one-time lump-sum
13-38    payment of $5,000 as soon as administratively feasible after
13-39    November 23, 1998.  The surviving spouse or dependent who becomes
13-40    eligible to receive benefits with respect to an active member who
13-41    dies in active service after November 23, 1998, is entitled to
13-42    receive a one-time lump-sum payment of $5,000 at the time the first
13-43    monthly pension benefit is paid, if the member has not already
13-44    received a $5,000 lump-sum payment under Section 12 or 15(c) of
13-45    this article.  If more than one dependent is eligible to receive a
13-46    payment under this subsection, the $5,000 shall be divided equally
13-47    among the eligible dependents.  This payment has no effect on the
13-48    amount of the surviving spouse's or dependents' monthly pension and
13-49    may not be paid more than once.
13-50          (h)  The monthly benefits of surviving spouses or dependents
13-51    provided under this section, except the $88.05 monthly payments
13-52    described by Subsection (f) of this section, shall be increased
13-53    annually at the same time and by the same percentage as the
13-54    pensions of retired members are increased in accordance with
13-55    Section 12(c) of this article.  Also, for any year in which a 13th
13-56    payment is made pursuant to Section 12(e) of this article, a 13th
13-57    payment, computed in the same manner, shall also be made to
13-58    survivors who are entitled to receive death benefits at that time.
13-59          (i)  If a member or individual receiving a survivor's pension
13-60    dies before monthly payments have been made for at least five
13-61    years, leaving no person otherwise entitled to receive further
13-62    monthly payments with respect to the member, the monthly payments
13-63    shall continue to be made to the designated beneficiary of the
13-64    member or survivor, or to the estate of the member or survivor if a
13-65    beneficiary was not designated, in the same amount as the last
13-66    monthly payment made to the member, survivor, or estate,  until
13-67    payments have  been made for five years with respect to the member.
13-68    If the member dies after becoming vested but before payments begin,
13-69    leaving no survivors eligible for benefits, the amount of each
 14-1    monthly payment over the five-year period shall be the same as the
 14-2    monthly payment the member would have received if the member had
 14-3    taken disability retirement on the date of death.  A member may
 14-4    designate a beneficiary in lieu of the member's estate to receive
 14-5    the remaining payments in the event the member and all survivors
 14-6    die before payments have been received for five years.  The
 14-7    member's estate or a beneficiary who is not a survivor or dependent
 14-8    is not entitled to receive the payment described by Subsection (g)
 14-9    of this section.
14-10          Sec. 17.  TERMINATION OF EMPLOYMENT; REFUNDS; REEMPLOYMENT.
14-11    (a)  When any active member of the pension system separates from
14-12    service, either voluntarily or involuntarily, before becoming
14-13    eligible for an immediate service retirement or disability pension,
14-14    the member ceases to be an active member of the pension system.
14-15          (b)  A member of the pension system who has not completed 20
14-16    years of service at the time of separation from service with the
14-17    police department is entitled to a refund of the total of the
14-18    contributions the member made to the pension system, plus any
14-19    amount that was contributed for the member by the city and not
14-20    applied in accordance with this section to provide the member with
14-21    10 years of service.  The refund does not include interest, and
14-22    neither the city nor the member is entitled to a refund of the
14-23    contributions the city made on the member's behalf, except as
14-24    expressly provided by this subsection.  By receiving the refund,
14-25    the member forfeits any service earned before separation from
14-26    service, even if it is otherwise nonforfeitable.
14-27          (c)  The board shall notify each member of the pension system
14-28    of the right to a refund as authorized by this section.
14-29          (d)  A member must apply to the board for a refund within one
14-30    year after the date of separation from service.  Failure to apply
14-31    for the refund within the one-year period results in a forfeiture
14-32    of the right to the refund except for an inactive member whose
14-33    right to a pension is nonforfeitable.  However, the board may
14-34    reinstate any amount forfeited and allow the refund on application
14-35    by the former member.
14-36          (e)  Heirs, executors, administrators, personal
14-37    representatives, or assignees are not entitled to apply for and
14-38    receive the refund authorized by this section except as provided by
14-39    Section 16(c) of this article.
14-40          (f)  If a person who separates from service and receives a
14-41    refund is subsequently reemployed as an employee of the police
14-42    department, the person shall be reinstated as an active member of
14-43    the pension system.  Prior service of the active member with the
14-44    police department may not be counted toward a retirement pension
14-45    unless the member pays to the pension system, not later than the
14-46    90th day after the date of a subsequent separation from service, an
14-47    amount equal to any contributions previously refunded to the member
14-48    under this section.  Except as provided by Section 18 of this
14-49    article, a person is not eligible to repay any withdrawn
14-50    contributions unless the person is reemployed by the police
14-51    department of the city for which the prior service was performed.
14-52          (g)  A member who is contesting an indefinite suspension
14-53    action may, on application to the board, receive a return of the
14-54    member's contributions and be separated from service on receipt of
14-55    the contributions; otherwise, a suspended member is considered to
14-56    have a separation from service when a final decision of the
14-57    arbitrator adverse to the member is rendered.
14-58          (h)  City contributions made under Section 9(b) of this
14-59    article based on the unused sick leave, vacation pay, and
14-60    accumulated overtime pay of a member who has separated from service
14-61    may be applied, at the election of the member seeking a refund, to
14-62    pay a refund of member contributions if the contributions are not
14-63    used under Section 11(c) of this article to satisfy a service
14-64    requirement for retirement.
14-65          Sec. 18.  EMPLOYMENT BY ANOTHER DEPARTMENT.  (a)  Except as
14-66    provided by this section, credit may not be allowed to any person
14-67    for service with any department in the city other than the police
14-68    department.  Except as provided by this section, if a person is
14-69    transferred to or from some other department of the city to or from
 15-1    the police department, the person's service will be computed from
 15-2    the date of entry into the service of the police department until
 15-3    the date of separation from service with the police department.
 15-4          (b)  Solely for purposes of determining whether a person has
 15-5    a sufficient number of years of service to receive a retirement
 15-6    pension, and not for purposes of determining the amount of the
 15-7    pension or DROP credit, a person who is employed in any full-time
 15-8    position with the city after November 23, 1998, and has or obtains
 15-9    any credited service with the pension system after that date, shall
15-10    receive service credit for any period of full-time employment with
15-11    the same city.  However, a person may not receive credit for
15-12    service with both the police department and any other department of
15-13    the city for the same period.
15-14          (c)  Notwithstanding Section 17 of this article and
15-15    Subsection (b) of this section, a former member of the pension
15-16    system shall be permitted to repay withdrawn contributions and
15-17    restore service credit previously earned with the pension system,
15-18    even if the former member is not reemployed by the police
15-19    department, if the former member:
15-20                (1)  is employed by the same city in which the service
15-21    credit for employment with the police department was earned;
15-22                (2)  is a participant in another pension plan
15-23    maintained by the city; and
15-24                (3)  repays to the pension system the withdrawn
15-25    contributions not later than the 90th day after the date of
15-26    separation from active employment with the city.
15-27          Sec. 19.  PERSONS REJOINING OR TRANSFERRED BY CITY; SERVICE
15-28    CREDIT; DOUBLE BENEFITS; RETURN TO SERVICE.  (a)  An employee of
15-29    the city who has retired under this article or under former law
15-30    governing the pension system and is or has been transferred by
15-31    action of the city to a classified position in a police department
15-32    included in the pension system again becomes an active member of
15-33    the pension system as of the effective date of the transfer.
15-34          (b)  A person who rejoins the pension system under this
15-35    section is entitled to receive service credit for each day of
15-36    service and work performed by the person in a classified position
15-37    in the police department, except for any period during which the
15-38    person is a DROP participant.  The board shall add service earned
15-39    after the transfer to the prior service the active member accrued
15-40    in a classified position in the police department.  However, the
15-41    active member may not receive service credit under this article,
15-42    except to the extent provided by Section 18, for service performed
15-43    for the city other than in a classified position in the police
15-44    department.
15-45          (c)  After a transfer described by this section,
15-46    contributions of the city and the active member become payable as
15-47    for other active members of the pension system.
15-48          (d)  When a member who has transferred as described by this
15-49    section subsequently retires, the retired member is entitled to a
15-50    pension computed on the basis of the combined service described by
15-51    Subsection (b) of this section, after deducting any period in which
15-52    the member was suspended from duty without pay, on leave of absence
15-53    without pay, separated from service, or employed by the city in a
15-54    capacity other than in a classified position in the police
15-55    department.
15-56          (e)  If a retired member receives both pension benefits from
15-57    the pension system and a salary from a classified position in the
15-58    police department that cover the same period, the retired member
15-59    shall repay to the pension system the pension benefits received
15-60    during that period.  The board shall withhold payment of pension
15-61    benefits under this article if it is determined that a retired
15-62    member is receiving both pension benefits from the fund and a
15-63    salary from the police department that cover the same period.  On
15-64    request of the board, the city attorney or a private attorney
15-65    chosen by the board shall file suit in a court of competent
15-66    jurisdiction to recover pension benefits owed to the pension system
15-67    under this subsection.
15-68          (f)  This article does not authorize the return to service
15-69    with a police department or the resumption of active membership in
 16-1    the pension system by a retired member except as specifically
 16-2    provided by Section 13 or 14 of this article or this section.
 16-3          Sec. 20.  DONATIONS.  The pension system may accept gifts and
 16-4    donations, and the gifts and donations shall be added to the fund
 16-5    for the use of the pension system.
 16-6          Sec. 21.  DETERMINATION OF BENEFITS; PROVISION OF
 16-7    INFORMATION.  The board may require any member, survivor, or other
 16-8    person or entity to furnish information the board requires for the
 16-9    determination of benefits under this article.  If a person or
16-10    entity does not cooperate in the furnishing or obtaining of
16-11    information required as provided by this section, the board may
16-12    withhold payment of the pension or other benefits dependent on the
16-13    information.
16-14          Sec. 22.  LEGAL ADVICE.  The city attorney of the city shall
16-15    handle all legal matters for the pension system that are referred
16-16    by the board without additional compensation for the service.  The
16-17    board may, however, as it considers necessary, employ outside legal
16-18    counsel to the exclusion of, or to assist, the city attorney and
16-19    pay reasonable compensation for the service from the fund.
16-20          Sec. 23.  MEMBERS IN MILITARY SERVICE.  (a)  A member of the
16-21    pension system engaged in active service in a uniformed service may
16-22    not be required to make the monthly payments into the fund and may
16-23    not lose any previous years' service with the city because of the
16-24    uniformed service.  The uniformed service shall count as continuous
16-25    service in the police department if the member returns to the city
16-26    police department after discharge from the uniformed service as an
16-27    employee within the period required by the Uniformed Services
16-28    Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section
16-29    4301 et seq.), as amended, and the uniformed service does not
16-30    exceed the period for which a person is entitled to have service
16-31    counted pursuant to that Act.
16-32          (b)  The city is required to make its regular monthly
16-33    payments into the fund on behalf of each member while the member is
16-34    engaged in a uniformed service.  If a member who has less than 10
16-35    years of service in the pension system dies directly or indirectly
16-36    as a result of the uniformed service, the spouse, dependent
16-37    children, dependent parent, or estate of the member is entitled to
16-38    receive a refund in the same manner as described by Section 16(c)
16-39    of this article.
16-40          Sec. 24.  ACTIONS FOR FUNDS MISAPPLIED.  (a)  The board may
16-41    recover by civil action from any offending party or from the
16-42    party's bondsman, if any, any money paid out or obtained from the
16-43    fund through fraud, misrepresentation, theft, embezzlement, or
16-44    misapplication and may institute, conduct, and maintain the action
16-45    in the name of the board for the use and benefit of the fund.
16-46          (b)  Payments due on behalf of a dependent child shall be
16-47    paid to the dependent child's guardian, if any, or if none to the
16-48    person with whom the dependent child is living, except that the
16-49    board may make payments directly to a dependent child in an
16-50    appropriate case and withhold payments otherwise due on behalf of
16-51    any person if the board has reason to believe the payments are not
16-52    being applied on behalf of the person entitled to receive them.
16-53    The board may request a court of competent jurisdiction to appoint
16-54    a person to receive and administer the payments due to any
16-55    dependent child or person under a disability.
16-56          Sec. 25.  FEDERAL TAX QUALIFICATION OF FUND.  (a)  The fund
16-57    described by this article is intended to qualify under Section
16-58    401(a) of the code and is for the exclusive benefit of the members
16-59    and their survivors.  No part of the corpus or income of the fund
16-60    may ever be used for, or diverted to, any purpose other than the
16-61    benefit of members and their survivors as provided by this article.
16-62          (b)  A member or survivor of a member of the pension system
16-63    may not accrue a retirement pension, disability retirement
16-64    allowance, death benefit allowance, DROP benefit, or any other
16-65    benefit under this article in excess of the benefit limits
16-66    applicable to the fund under Section 415 of the code.  The board
16-67    shall reduce the amount of any benefit that exceeds those limits by
16-68    the amount of the excess.  If total benefits under this fund and
16-69    the benefits and contributions to which any member is entitled
 17-1    under any other qualified plans maintained by the city that employs
 17-2    the member would otherwise exceed the applicable limits under
 17-3    Section 415 of the code, the benefits the member would otherwise
 17-4    receive from the fund shall be reduced to the extent necessary to
 17-5    enable the benefits to comply with Section 415.
 17-6          (c)  Any member or survivor who receives any distribution
 17-7    that is an eligible rollover distribution as defined by Section
 17-8    402(c)(4) of the code is entitled to have that distribution
 17-9    transferred directly to another eligible retirement plan of the
17-10    member's or survivor's choice on providing direction to the pension
17-11    system regarding that transfer in accordance with procedures
17-12    established by the board.
17-13          (d)  The total salary taken into account for any purpose for
17-14    any member of the pension system may not exceed $200,000 for any
17-15    year for an eligible participant, or $150,000 a year for an
17-16    ineligible participant.  These dollar limits shall be adjusted from
17-17    time to time in accordance with guidelines provided by the United
17-18    States secretary of the treasury.  For purposes of this subsection,
17-19    an eligible participant is a person who first became an active
17-20    member before 1996, and an ineligible participant is a member who
17-21    is not an eligible participant.
17-22          (e)  Accrued benefits under this article become 100 percent
17-23    nonforfeitable for a member on the date the member has completed 10
17-24    years of service.  If the pension system or the fund is terminated
17-25    or partially terminated, or city contributions to the fund are
17-26    discontinued completely, there may not be a reversion of funds to
17-27    the employer.  On complete or partial termination or discontinuance
17-28    of city contributions, the fund held by the pension system shall be
17-29    used exclusively for benefits for members and their surviving
17-30    spouses and dependents, and the affected employees' rights to the
17-31    benefits, to the extent funded, shall be nonforfeitable if not
17-32    already nonforfeitable under this subsection.
17-33          (f)  Amounts representing forfeited nonvested benefits of
17-34    terminated members may not be used to increase benefits payable
17-35    from the fund.
17-36          (g)  Distribution of benefits must begin not later than April
17-37    1 of the year following the calendar year during which the member
17-38    entitled to the benefits becomes 70-1/2 years of age or terminates
17-39    employment with the employer, whichever is later, and must
17-40    otherwise conform to Section 401(a)(9) of the code.
17-41          (h)  If the amount of any benefit is to be determined on the
17-42    basis of actuarial assumptions that are not otherwise specifically
17-43    set forth for that purpose in this article, the actuarial
17-44    assumptions to be used are those earnings and mortality assumptions
17-45    being used on the date of the determination by the pension system's
17-46    actuary and approved by the board.  The actuarial assumptions being
17-47    used at any particular time shall be attached as an addendum to a
17-48    copy of this article and treated for all purposes as a part of this
17-49    article.  The actuarial assumptions may be changed by the pension
17-50    system's actuary at any time if approved by the board, but a change
17-51    in actuarial assumptions may not result in any decrease in benefits
17-52    accrued as of the effective date of the change.
17-53          (i)  To the extent permitted by law, the board may adjust the
17-54    benefits of retired members and survivors by increasing any benefit
17-55    that was reduced because of Section 415 of the code.  If Section
17-56    415 of the code is amended to permit the payment of amounts
17-57    previously precluded under that section, the board may adjust the
17-58    benefits of retired members or their surviving spouses or
17-59    dependents, including the restoration of benefits previously
17-60    denied.  Benefits paid under this subsection are not considered as
17-61    extra base salary earned after retirement but as the delayed
17-62    payment of benefits earned before retirement.
17-63          (j)  The board may make any change in this article to the
17-64    extent that the change is necessary to assure compliance with the
17-65    qualification requirements of Section 401 of the code or any other
17-66    federal law.
17-67          Sec. 26.  EXCESS BENEFIT PLAN.  (a)  A separate,
17-68    nonqualified, unfunded excess benefit plan is created outside the
17-69    fund.
 18-1          (b)  In this section:
 18-2                (1)  "Excess benefit plan" or "plan" means the
 18-3    separate, nonqualified, unfunded excess benefit plan created by
 18-4    this section for the benefit of eligible members, as amended or
 18-5    restated from time to time, that is intended to be a "qualified
 18-6    governmental excess benefit arrangement" within the meaning of
 18-7    Section 415(m) of the code.
 18-8                (2)  "Qualified plan" means the pension system and any
 18-9    other plan maintained by the city for the exclusive benefit of some
18-10    or all of the members of the pension system that has been found by
18-11    the Internal Revenue Service to be qualified or has been treated by
18-12    the city as a qualified plan under Section 401 of the code.
18-13                (3)  "Maximum benefit" means the retirement benefit a
18-14    retired member and the spouse, dependent child, or dependent parent
18-15    of a retired member or deceased member or retiree are entitled to
18-16    receive from all qualified plans in any month after giving effect
18-17    to Section 25(b) of this article and any similar provisions of any
18-18    other qualified plans designed to conform to Section 415 of the
18-19    code.
18-20                (4)  "Excess benefit participant" means any retired
18-21    member whose retirement benefits as determined on the basis of all
18-22    qualified plans without regard to the limitations of Section 25(b)
18-23    of this article and comparable provisions of other qualified plans
18-24    would exceed the maximum benefit permitted under Section 415 of the
18-25    code.
18-26                (5)  "Unrestricted benefit" means the monthly
18-27    retirement benefit a retired member and the spouse, dependent
18-28    child, or dependent parent of a retired member or deceased member
18-29    would have received under the terms of all qualified plans except
18-30    for the restrictions of Section 25(b) of this article and any
18-31    similar provisions of any other qualified plans designed to conform
18-32    to Section 415 of the  code.
18-33          (c)  An excess benefit participant who is receiving benefits
18-34    from the pension system is entitled to a monthly benefit under this
18-35    excess benefit plan in an amount equal to the lesser of:
18-36                (1)  the member's unrestricted benefit less the maximum
18-37    benefit; or
18-38                (2)  the amount by which the member's monthly benefit
18-39    from the fund has been reduced because of the limitations of
18-40    Section 415 of the code.
18-41          (d)  If a spouse, dependent child, or dependent parent is
18-42    entitled to preretirement or postretirement death benefits under a
18-43    qualified plan after the death of an excess benefit participant,
18-44    the surviving spouse, dependent child, or dependent parent is
18-45    entitled to a monthly benefit under the excess benefit plan equal
18-46    to the benefit determined in accordance with this article without
18-47    regard to the limitations under Section 25(b) of this article or
18-48    Section 415 of the code, less the maximum benefit.
18-49          (e)  Any benefit to which a person is entitled under this
18-50    section shall be paid at the same time and in the same manner as
18-51    the benefit would have been paid from the pension system if payment
18-52    of the benefit from the pension system had not been precluded by
18-53    Section 25(b) of this article.  An excess benefit participant or
18-54    any beneficiary may not, under any circumstances, elect to defer
18-55    the receipt of all or any part of a payment due under this section.
18-56          (f)  The board shall administer the plan, and the board's
18-57    designee shall also carry out the business of the board with
18-58    respect to the plan.  Except as otherwise provided by this section,
18-59    the rights, duties, and responsibilities of the board and the
18-60    board's designee are the same for the plan as for the funds of the
18-61    pension system.
18-62          (g)  The consultants, independent auditors, attorneys, and
18-63    actuaries selected to perform services for the fund also shall
18-64    perform services for the plan, but the fees for their services may
18-65    not be paid by the fund.  The actuary engaged to perform services
18-66    for the fund shall advise the board of the amount of benefits that
18-67    may not be provided from the fund solely by reason of the
18-68    limitations of Section 415 of the code and the amount of employer
18-69    contributions that will be made to the plan rather than to the
 19-1    fund.
 19-2          (h)  Contributions may not be accumulated under the plan to
 19-3    pay future retirement benefits.  Instead, each payment of city
 19-4    contributions that would otherwise be made to the fund under
 19-5    Section 9 of this article shall be reduced by the amount determined
 19-6    by the board or its designee as necessary to meet the requirements
 19-7    for retirement benefits under the plan, including reasonable
 19-8    administrative expenses, until the next payment of city
 19-9    contributions is expected to be made to the pension system.  The
19-10    city shall then pay to the plan, from the withheld contributions,
19-11    not earlier than the 30th day before the date each distribution of
19-12    monthly retirement benefits is required to be made from the plan,
19-13    the amount necessary to satisfy the obligation to pay monthly
19-14    retirement benefits from the plan.  The board or its designee shall
19-15    satisfy the obligation of the plan to pay retirement benefits from
19-16    the employer contributions so transferred for that month.
19-17          (i)  Employer contributions otherwise required to be made to
19-18    the pension system under Section 9 of this article and any other
19-19    qualified plan shall be divided into those contributions required
19-20    to pay retirement benefits under this section and those
19-21    contributions paid into and accumulated to pay the maximum benefits
19-22    permitted under the qualified plan.  Employer contributions made to
19-23    provide retirement benefits under this section may not be
19-24    commingled with the money of the fund forming part of the pension
19-25    system or any other qualified plan.
19-26          Sec. 27.  AGREEMENT TO CHANGE BENEFITS.  (a)  Notwithstanding
19-27    any law to the contrary, the board or a designee of the board is
19-28    responsible for representing the interests of the pension system
19-29    and all pension issues and benefits affecting the pension system or
19-30    its members and beneficiaries under this article.  The board may
19-31    enter into a written agreement with the city on behalf of the
19-32    pension system and members and beneficiaries of the pension system
19-33    if the agreement is approved by the board and signed by the mayor
19-34    and the board or the board's designee.
19-35          (b)  A pension benefit or allowance provided by this article
19-36    may be increased if the increase:
19-37                (1)  is first approved by a qualified actuary selected
19-38    by the board;
19-39                (2)  is approved by the board and the city in a written
19-40    agreement as authorized by this section; and
19-41                (3)  does not deprive a member, without the member's
19-42    written consent, of a right to receive benefits that have become
19-43    fully vested and matured in the member.
19-44          Sec. 28.  NONREDUCTION, NONALIENATION, AND NONASSIGNMENT OF
19-45    BENEFITS.  (a)  No portion of the funds held by the pension system,
19-46    either before or after an order for its disbursement by the board,
19-47    and no amounts due or to become due to any member or survivor under
19-48    this article may be held, seized, taken, subject to, detained, or
19-49    levied on by virtue of any execution, attachment, garnishment,
19-50    injunction, or other writ, and no order or decree, and no process
19-51    may issue out of or by any court of this state for the payment or
19-52    satisfaction, in whole or in part, out of the funds held by or due
19-53    from the pension system, of any debt, damage, claim, demand, or
19-54    judgment against any member, survivor, dependent, or any other
19-55    person.
19-56          (b)  No part of the funds or any claim to the funds may be
19-57    directly or indirectly assigned or transferred.  Any attempt to
19-58    transfer or assign any part of the funds or a claim to the funds is
19-59    void.
19-60          (c)  The funds shall be held, kept, and disbursed for the
19-61    purposes provided by this article, and for no other purpose, except
19-62    that a retired member, survivor, or dependent, at the person's
19-63    discretion, may have deducted from the person's pension the monthly
19-64    premium cost of any group insurance program in which the retired
19-65    member is participating.
19-66          (d)  A benefit payable under this article may not be reduced
19-67    or discontinued for any person except under the terms applicable to
19-68    the benefit at the time the person becomes eligible to receive the
19-69    benefit.
 20-1          (e)  This section does not prevent the division of the
 20-2    benefits accrued by a member under any court order determined by
 20-3    the board or its designee to be a qualified domestic relations
 20-4    order and the payment of a share of a retired member's benefits or
 20-5    contributions to an alternate payee in accordance with the order.
 20-6          SECTION 2.  Chapter 76, Acts of the 50th Legislature, Regular
 20-7    Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), and
 20-8    Article 6243g-3, Revised Statutes, are repealed.
 20-9          SECTION 3.  (a)  Not later than September 30, 1999, the board
20-10    of trustees of each pension system to which Article 6243g-4,
20-11    Revised Statutes, as added by this Act, applies shall hold an
20-12    election among all of its members.  The board shall select an
20-13    independent party not affiliated with the board, the pension
20-14    system, or any employee or retiree organization to conduct and
20-15    tabulate the results of the election.  Each active, inactive, or
20-16    retired member of the pension system is eligible to vote in the
20-17    election and has one vote.
20-18          (b)  The ballot shall be printed to permit voting:
20-19                (1)  alternatively either for:
20-20          "PROPOSITION A (Direct Voting)--To provide that the board of
20-21    trustees of the pension system consist in part of (1) three
20-22    employees of the police department who are members of the pension
20-23    system and who are elected by the active members of the police
20-24    department and (2) two retired members who are receiving pensions
20-25    from the pension system, who are not officers or employees of the
20-26    city, and who are elected by the inactive and retired members of
20-27    the system"; or
20-28          "PROPOSITION B (Universal Voting)--To provide that the board
20-29    of trustees of the pension system consist in part of (1) three
20-30    employees of the police department who are members of the pension
20-31    system and who are elected by the active, inactive, and retired
20-32    members of the system and (2) two retired members who are receiving
20-33    pensions from the pension system, who are not officers or employees
20-34    of the city, and who are elected by the active, inactive, and
20-35    retired members of the system"; and
20-36                (2)  for or against the proposition:
20-37          "PROPOSITION ONE--To provide that officers and employees of
20-38    any employee organization or retiree organization and employees of
20-39    the pension system are prohibited from being elected to, appointed
20-40    to, or in any other way becoming a member of the board of trustees
20-41    of the pension system."
20-42          (c)  The proposition described by Subsection (b)(1) of this
20-43    section receiving a majority of the votes at the election has
20-44    immediate effect as law and applies to each vacancy on the board of
20-45    trustees that occurs on or after its effective date.  If a majority
20-46    of the votes at the election favor the proposition described by
20-47    Subsection (b)(2) of this section, it has immediate effect as law
20-48    and applies to each vacancy on the board of trustees that occurs on
20-49    or after its effective date.  If a majority of the votes at the
20-50    election do not favor the proposition described by Subsection
20-51    (b)(2) of this section, it has no effect.
20-52          SECTION 4.  Notwithstanding Section 12(b), Article 6243g-4,
20-53    Revised Statutes, as added by this Act, the monthly benefits of a
20-54    person who retires or retired after November 23, 1998, and before
20-55    January 1, 2000, is determined by the benefit formula in effect
20-56    immediately before the effective date of this Act.
20-57          SECTION 5.  Each pension system to which Article 6243g-4,
20-58    Revised Statutes, as added by this Act, applies shall reimburse
20-59    each member of the system who has repaid to the system previously
20-60    refunded contributions for any interest paid on the amounts repaid.
20-61          SECTION 6.  This Act takes effect September 1, 1999.
20-62          SECTION 7.  The importance of this legislation and the
20-63    crowded condition of the calendars in both houses create an
20-64    emergency and an imperative public necessity that the
20-65    constitutional rule requiring bills to be read on three several
20-66    days in each house be suspended, and this rule is hereby suspended.
20-67                                 * * * * *