By Greenberg H.B. No. 3773
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation in, contributions to, and benefits and
1-3 administration of retirement systems for police officers in certain
1-4 municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.02, Chapter 452, Acts of the 72nd
1-7 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 3.02. Composition of board. The police retirement
1-10 board shall be composed of 11 members as follows:
1-11 (1) one council member designated by the city council;
1-12 (2) the city manager or the city manager's designee;
1-13 (3) the director of finance or the director's
1-14 designee;
1-15 (4) five [four] police officer members elected by the
1-16 police officer members of the system, each of whom [to] serve for a
1-17 term of four years. The terms of two such elected members shall
1-18 expire in 2001 and every four years thereafter; the terms of the
1-19 other three such elected members shall expire in 2003 and every
1-20 four years thereafter. [Vacancies occurring by death, resignation,
1-21 disability retirement, removal, or any other reason except
2-1 retirement shall be filled for the remainder of the term by a
2-2 police officer member appointed by the board; a police officer
2-3 member who retires, except for disability retirement, will be
2-4 eligible to complete the remainder of the member's term];
2-5 (5) one [three] legally qualified voter [voters] of
2-6 the city, resident for the preceding five years, to be appointed by
2-7 the police retirement board. The term of office of the citizen
2-8 member [members] shall be four years, and the [each] member shall
2-9 continue to serve until the member's successor is duly selected and
2-10 qualified. Vacancies occurring by death, resignation, or removal
2-11 shall be filled by appointment by the remaining members of the
2-12 police retirement board; and
2-13 (6) two retired members [one retired member] to be
2-14 elected by the retired members. The term of office of each [such]
2-15 retired member shall be four years, with the term of one member
2-16 expiring each odd-numbered year. [Such member shall continue to
2-17 serve until the member's successor is duly elected and qualified.
2-18 Vacancies occurring by death, resignation, or removal of such
2-19 retired member shall be filled by election by the retired members.]
2-20 SECTION 2. Section 3.03, Chapter 452, Acts of the 72nd
2-21 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
2-22 Civil Statutes), is amended to read as follows:
2-23 Sec. 3.03. [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
2-24 OF THE BOARD. (a) The police officer members of the board shall
2-25 be elected and shall serve in accordance with the following
3-1 provisions:
3-2 (1) Any police officer member shall be eligible to run
3-3 in the election for a position on the board.
3-4 (2) [Terms of office shall be four years.] Members
3-5 shall serve during the term for which they are elected and until
3-6 their successors are elected and qualified, unless they are removed
3-7 or their active service as police officers with the city is
3-8 terminated for any reason other than service retirement. If a
3-9 police officer member should elect service retirement under Article
3-10 VI of this Act while serving the term for which the member is
3-11 elected, the member shall continue to serve for the remainder of
3-12 the term.
3-13 (3) A vacancy occurring by reason of removal,
3-14 resignation, death, or any other reason [except retirement] shall
3-15 be filled for the remainder of the term by a police officer member
3-16 appointed by the remaining members of the police retirement board.
3-17 [(4) No later than the first day of November of each
3-18 odd-numbered year, the board shall appoint an election committee.
3-19 The election committee shall prepare the ballot containing the
3-20 names of all eligible candidates.]
3-21 [(5) The election committee shall publish a notice at
3-22 least two weeks prior to the election date, informing all police
3-23 officer members of the election and the names of the police officer
3-24 members who have been certified as candidates.]
3-25 (4) [(6)] Elections for police officer members shall
4-1 be held on the first payday in December of each odd-numbered year.
4-2 The police officers receiving the highest number of votes shall be
4-3 deemed elected. In case of a tie vote, selection shall be by lot.
4-4 [(7) The election committee shall canvass the returns,
4-5 certify the results, and announce the official results of the
4-6 election.]
4-7 [(8) The police retirement board shall approve written
4-8 procedures for the conduct of the election no later than August 1
4-9 of each odd-numbered year.]
4-10 (b) The retired members of the board shall be elected and
4-11 shall serve in accordance with the following provisions:
4-12 (1) Any retired member shall be eligible to run in the
4-13 election for a position on the board.
4-14 (2) Retired members shall serve during the term for
4-15 which they are elected and until their successors are elected and
4-16 qualified.
4-17 (3) A vacancy occurring by reason of removal,
4-18 resignation, or death shall be filled for the remainder of the term
4-19 by a retired member appointed by the vote of a majority of the
4-20 remaining members of the police retirement board.
4-21 (4) Elections for retired members shall be held during
4-22 the first week in December of each odd-numbered year. The retired
4-23 member receiving the highest number of votes in an election shall
4-24 be deemed elected. In case of a tie vote, selection shall be by
4-25 lot.
5-1 (c) The police retirement board shall approve written
5-2 procedures for the conduct of all elections hereunder and shall
5-3 certify and announce the results of each election.
5-4 SECTION 3. Section 5.02, Chapter 452, Acts of the 72nd
5-5 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-6 Civil Statutes), is amended by adding Subsection (c) to read as
5-7 follows:
5-8 (c) No person can receive credit under this section for
5-9 military service for which the person is receiving or is eligible
5-10 to receive federal retirement payments based on 20 years or more of
5-11 active military service or its equivalent by the member or for
5-12 which the member has received credit in any other public retirement
5-13 system or program established under the laws of this state.
5-14 SECTION 4. Section 5.04(a), Chapter 452, Acts of the 72nd
5-15 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-16 Civil Statutes), is amended to read as follows:
5-17 (a) This section does not take effect unless the city
5-18 council [irrevocably] authorizes the city to begin making
5-19 contributions to the police retirement system in accordance with
5-20 Section 8.01(a) of this Act for police cadets during their
5-21 employment as cadets while members of a cadet class. Police cadets
5-22 whose cadet class begins after the city council makes the
5-23 [irrevocable] authorization shall make deposits to the police
5-24 retirement system in accordance with Section 8.01(a) of this Act,
5-25 and those cadets shall be members of the police retirement system
6-1 and shall receive creditable service for employment as cadets while
6-2 members of a cadet class, notwithstanding Sections 1.02(7), (18),
6-3 and (21) of this Act.
6-4 SECTION 5. Section 6.07, Chapter 452, Acts of the 72nd
6-5 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
6-6 Civil Statutes), is amended by amending Subsections (a) and (b) to
6-7 read as follows:
6-8 (a) The retroactive deferred retirement option plan,
6-9 referred to as RETRO DROP, is an option a member eligible for
6-10 service retirement based on 25 years of creditable service
6-11 (excluding any military service established under Section 5.02 of
6-12 this Act) [under Section 6.02 of this Act] may elect at retirement
6-13 subject to the conditions of this section. A member who elects
6-14 RETRO DROP receives a lump sum and a monthly retirement benefit.
6-15 (b) The member shall select the RETRO DROP benefit
6-16 computation date. The date:
6-17 (1) must be the last day of the month used for the
6-18 purpose of determining the monthly retirement benefit;
6-19 (2) may not precede the date the member first became
6-20 eligible for service retirement based on 25 years of creditable
6-21 service excluding [normal retirement date as defined by Section
6-22 1.02(19) of this Act, except that for purposes of this subsection,
6-23 creditable service does not include] any military service credit
6-24 established under Section 5.02 of this Act; and
6-25 (3) may not precede the date of retirement by more
7-1 than 36 months.
7-2 SECTION 6. This Act takes effect on September 1, 1999.
7-3 SECTION 7. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended.