By Barrientos                                          S.B. No. 186
         76R3603 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to public retirement systems for employees of certain
 1-3     municipalities:
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 451, Acts of the 72nd Legislature,
 1-6     Regular Session, 1991 (Article 6243n, Vernon's Texas Civil
 1-7     Statutes), is amended to read as follows:
 1-8           Sec. 1.  SCOPE.  A retirement system is authorized
 1-9     [established] by this Act for employees of each municipality having
1-10     a population of more than 460,000 and less than 500,000, according
1-11     to the most recent federal census; provided, however, that once
1-12     such pension system becomes operative in any city, any right or
1-13     privilege of such pension system or its members [accruing to any
1-14     member thereunder shall be a vested right] according to the terms
1-15     of this Act [and the same] shall not be denied or abridged
1-16     thereafter through any act of any such city, or change in
1-17     population of any such city taking such city out of the population
1-18     bracket as herein prescribed, and said pension system shall
1-19     continue to be authorized by this Act and shall operate and perform
1-20     governmental functions pursuant to this Act regardless of any such
1-21     action or whether or not any future population exceeds or falls
1-22     below said population bracket.
1-23           Sec. 2.  DEFINITIONS.  The following words and phrases have
1-24     the meanings assigned by this section unless a different meaning is
 2-1     plainly required by the context:
 2-2                 (1)  "Accumulated deposits" means the amount standing
 2-3     to the credit of a member derived from the deposits required to be
 2-4     made by the member to the retirement system improved annually by
 2-5     interest credited at a rate determined by the retirement board from
 2-6     time to time upon the advice of the retirement board's actuary and
 2-7     credited as of December 31 to amounts standing to the credit of the
 2-8     member on January 1 of the same calendar year.
 2-9                 (2)  "Actual retirement date" means the last day of the
2-10     month during which a member retires.
2-11                 (3)  "Actuarial equivalent" means any benefit of equal
2-12     present value when computed on the basis of actuarial tables
2-13     adopted by the retirement board from time to time upon the advice
2-14     of the retirement board's actuary. The actuarial tables adopted for
2-15     this purpose shall be tables that are acceptable to the Internal
2-16     Revenue Service and be clearly identified by resolution adopted by
2-17     the retirement board.
2-18                 (4)  "Actuary" means the technical advisor of the
2-19     retirement board regarding the operations which are based on
2-20     mortality, service, and compensation experience.
2-21                 (5)  "Agency of the Municipality" means any agency or
2-22     instrumentality of the city[,]; [or] and any governmental or
2-23     publicly owned legal entity created by the municipality[,]
2-24     subsequent to the effective date of this Act[,] to perform or
2-25     provide a public service or function; [and which entity is not a
2-26     hospital authority and] that employs one or more employees to
2-27     provide services and/or accomplish its public purpose.
 3-1                 (6)  "Approved medical leave of absence" means any
 3-2     absence authorized in writing by the member's employer for the
 3-3     purpose of enabling the member to obtain medical care or treatment
 3-4     or to recover from any sickness or injury.
 3-5                 (7)  "Authorized leave of absence" means military leave
 3-6     of absence, including a period of not more than 90 days after the
 3-7     date of release from active military duty, or any other leave of
 3-8     absence during which a member is otherwise authorized by law to
 3-9     continue making contributions to the system.  The term does not
3-10     include an approved medical leave of absence.
3-11                 (8)  "Average final compensation" means the average
3-12     monthly compensation, as defined and limited by section 2(12) of
3-13     this [a]Act, less overtime, incentive, and terminal pay, plus, (i)
3-14     amounts picked up by the employer pursuant to Section 10(e) of this
3-15     Act, (ii) amounts not otherwise included in the member's taxable
3-16     income by reason of either an election under a cafeteria plan as
3-17     described in Code Section 125 or deferrals under a plan of deferred
3-18     compensation within the scope of Code Section 457, to the extent
3-19     not in excess of $12,500 for persons who first become members after
3-20     1995, that is earned by a member during, as applicable:
3-21                       (A)  if the member has 120 months or more of
3-22     membership service, the 36 months of membership service which
3-23     yielded the highest average during the last 120 months of
3-24     membership service;
3-25                       (B)  if the member has less than 120 months of
3-26     membership service, but has at least 36 months of membership
3-27     service, then the average during the 36 months which yield the
 4-1     highest average; or
 4-2                       (C)  if the member does not have 36 months of
 4-3     membership service, then the average during the member's months of
 4-4     membership service.
 4-5                 (9)  "Beneficiary" means the member's designated
 4-6     beneficiary.  If there is no effective beneficiary designation on
 4-7     the date of the member's death, or if the designated beneficiary
 4-8     predeceases the member (or dies [on or] as a result of the same
 4-9     event that caused the member's death and does not survive the
4-10     member by 48 hours), the member's spouse or, if the member does not
4-11     have a spouse, the member's estate shall be the beneficiary.
4-12                 (10)  "Board" means the board[s] of directors or
4-13     similar representative body of [an] each employer [that is not a
4-14     municipality as described in Section 1].
4-15                 (11)  "Code" means the United States Internal Revenue
4-16     Code of 1986 (26 U.S.C. Section 1 et seq.) and its successors.
4-17                 (12)  "Compensation" means, with respect to any member,
4-18     such member's wages, within the meaning of Section 3401(a) of the
4-19     Code (for purposes of income tax withholding at the source) but
4-20     determined without regard to any rules that limit the remuneration
4-21     included in wages based on the nature or location of the employment
4-22     or the services performed (such as the exception for agricultural
4-23     labor in Section 3401(a)(2) of the Code). Compensation in excess of
4-24     $12,500 per month for any employee who first becomes a member in a
4-25     year commencing after 1995 shall be disregarded.  The $12,500
4-26     limitation shall be adjusted for cost of living increases as
4-27     provided under Section 401(a)(17) of the Code.
 5-1                 (13)  "Consumer price index" means the Consumer Price
 5-2     Index for Urban Wage Earners and Clerical Workers (United States
 5-3     City average-all items) published monthly by the Bureau of Labor
 5-4     Statistics, United States Department of Labor or its successor in
 5-5     function.
 5-6                 (14)  "Creditable service" means the total of prior
 5-7     service, [and] membership service, redeemed service and service
 5-8     purchased pursuant to Section 6 of this Act.
 5-9                 (15)  "Current service annuity" means a series of equal
5-10     monthly payments payable for the member's life after retirement for
5-11     membership service from funds of the retirement system equal to
5-12     one-twelfth of the product of [2.6]2.7 percent, or a higher
5-13     percentage established and specified by the retirement board
5-14     pursuant to subsection 10(f), of a member's average final
5-15     compensation multiplied by the number of months of membership
5-16     service.
5-17                 (16)  "Deposits" means the amounts required to be paid
5-18     by members in accordance with the provisions of this Act.
5-19                 (17)  "Designated beneficiary" means any person, trust,
5-20     or estate properly designated [in writing] on a form provided by
5-21     the retirement system by a member to receive benefits from the
5-22     system in the event of the member's death. If the member is married
5-23     an individual other than the member's spouse may be the designated
5-24     beneficiary only if the spouse consents to such designation in the
5-25     form and manner prescribed by the retirement board.
5-26                 (18)  "Disability retirement" means the termination of
5-27     employment of a member because of disability with a disability
 6-1     retirement allowance as provided in Section 8 of this Act.
 6-2                 (19)  "Employer" means the city or municipality
 6-3     described in Section 1, [of this Act, a hospital authority as
 6-4     defined in Subdivision (24) of this section or] the retirement
 6-5     board [defined in Subdivision (43) of this section, or] and any
 6-6     agency of the municipality [as defined in Subdivision (5) of this
 6-7     section].
 6-8                 (20)  "Fund" means the trust fund containing the
 6-9     aggregate of the assets of Fund No. 1 and Fund No. 2.
6-10                 (21)  "Fund No. 1" means the fund in which shall be
6-11     kept all accumulated deposits of members who have not withdrawn
6-12     from the system.
6-13                 (22)  "Fund No. 2" means the fund in which shall be
6-14     kept all money contributed by the city on behalf of city employees,
6-15     all money contributed by an [hospital authority] agency of the
6-16     municipality on behalf of [hospital authority] such agency's
6-17     employees, and all money contributed by the retirement board on
6-18     behalf of retirement board employees, interest earned thereon, and
6-19     all accumulations and earnings of the system.
6-20                 (23)  "Governing Body" means the City Council of the
6-21     municipality described in Section 1 and its successors as
6-22     constituted from time to time.
6-23                 (24)  ["Hospital authority" means a municipal hospital
6-24     authority created after September 1, 1992, under Chapter 262,
6-25     Health and Safety Code, and its subsequent amendments, by a city
6-26     governed by this Act.]
6-27                 [(25)]  "Investment consultant" means the person or
 7-1     entity that monitors the investment performance of the system and
 7-2     provides such other services as requested by the retirement board.
 7-3                 (25) [(26)]  "Investment manager" means the persons or
 7-4     entities that have the power to manage, acquire, or dispose of
 7-5     assets of the Fund [No. 1 or Fund No. 2] on behalf of the
 7-6     retirement system and that acknowledge fiduciary responsibility to
 7-7     the system in writing.  An investment manager must be a person,
 7-8     firm, or corporation registered as an investment adviser under the
 7-9     Investment Advisers Act of 1940, a bank, or an insurance company
7-10     qualified to manage, acquire or dispose of assets under the laws of
7-11     more than one state including the State of Texas, [and must
7-12     otherwise] that meets the requirements of Section 802.204, Texas
7-13     Government Code, and its subsequent amendments.
7-14                 (26) [(27)]  "Life annuity" means a series of equal
7-15     monthly payments, payable after retirement for a member's life,
7-16     consisting of a combination of prior service pension and current
7-17     service annuity to which the member is entitled.
7-18                 (27) [(28)]  "Life annuity (modified cash refund)"
7-19     means a life annuity providing that, in the event of death of the
7-20     retired member before that member has received payments under the
7-21     life annuity totaling the amount of that member's accumulated
7-22     deposits at the date of retirement, the excess of such accumulated
7-23     deposits over the payments made shall be paid in one lump sum to
7-24     the member's designated beneficiary.
7-25                 (28) [(29)]  "Malfeasance" means (A) willful misconduct
7-26     or (B) the knowingly improper performance of any act, duty or
7-27     responsibility under this Act, including non-performance; which
 8-1     interrupts or interferes with or attempts to interfere with the
 8-2     administration, operation and management of the retirement system
 8-3     or any person's duties under this Act.
 8-4                 (29) [(30)]  "Member" means any:
 8-5                       (A)  regular full-time employee of an employer;
 8-6     [and]
 8-7                       (B)  former regular full-time employee who has
 8-8     not withdrawn the member's accumulated deposits from the system;
 8-9     and
8-10                       (C)  former regular full-time employee receiving
8-11     retirement or disability benefits pursuant to this Act, including
8-12     any former regular full-time employee with less than five years of
8-13     creditable service who is receiving proportionate retirement
8-14     benefits.
8-15           In any case of doubt regarding the eligibility of any
8-16     employee to become or remain a member of the retirement system, the
8-17     decision of the retirement board is final.
8-18                 (30) [(31)]  "Membership service" means the period of
8-19     time on or after January 1, 1941, during which a person is or was
8-20     employed as a regular full-time employee or is or was on an
8-21     authorized leave of absence and who is eligible for participation
8-22     in the system and pays into and keeps on deposit the amounts of
8-23     money prescribed to be paid by the member into the system.  The
8-24     term includes redeemed membership service.
8-25                 (31) [(32)]  "Normal retirement age" means attainment
8-26     of age 62, or the attainment of age 55 years with 20 years of
8-27     creditable service.
 9-1                 (32) [(33)]  "Normal retirement date" means normal
 9-2     retirement age or, if [the] earlier, [of] the date on which the
 9-3     member has completed 25 years of creditable service or a lesser
 9-4     number of years established by the retirement board pursuant to
 9-5     subsection 10(f).
 9-6                 (33) [(34)]  "Prior service" means service as an
 9-7     employee of the city rendered prior to January 1, 1941, for which a
 9-8     pension credit is allowable under prior law governing the
 9-9     retirement system of that city and includes redeemed prior service.
9-10                 (34) [(35)]  "Prior service pension" means a series of
9-11     equal monthly payments payable from funds of the retirement system
9-12     for a member's life after retirement for prior service equal to
9-13     one-twelfth of the product of [2.6] 2.7 percent, or a greater
9-14     percentage number established and specified by the retirement board
9-15     pursuant to subsection 10(f) of this Act, of the member's average
9-16     monthly earnings during a period of five years preceding January 1,
9-17     1941, multiplied by the number of months of prior service.  On
9-18     retirement at an age other than normal retirement age, the monthly
9-19     prior service pension herein prescribed shall be the actuarial
9-20     equivalent thereof at the member's actual retirement date, based on
9-21     the schedule or schedules of payments approved by the actuary and
9-22     adopted by the retirement board and in effect on the member's
9-23     actual retirement date.
9-24                 (35) [(36)]  "Qualified domestic relations order" has
9-25     the meaning assigned by Section 804.001, Texas Government Code, and
9-26     its subsequent amendments.
9-27                 (36) [(37)]  "Redeemed membership service" means
 10-1    membership service reinstated in accordance with Section 5(e) of
 10-2    this Act.
 10-3                (37) [(38)]  "Redeemed prior service" means prior
 10-4    service reinstated in accordance with Section 5(e) of this Act.
 10-5                (38) [(39)]  "Regular full-time employee" means an
 10-6    individual who is employed by the city, [a hospital authority, or]
 10-7    the retirement board, or any agency of the municipality, who is not
 10-8    a commissioned civil service police officer or fire fighter, the
 10-9    mayor, or a member of the governing body; who serves in a position
10-10    that is classified in the annual budget of an employer for
10-11    employment for the full calendar year; and who works or is budgeted
10-12    for 30 hours or more in a normal 40-hour work week.  The term does
10-13    not include an individual whose position is classified as seasonal
10-14    or temporary by the employer, even if the individual works 30 hours
10-15    or more in a normal 40-hour work week in which the individual is
10-16    employed.
10-17                (39) [(40)]  "Retired member" means a person who
10-18    because of creditable service and/or age is qualified to receive
10-19    and who has retired and is eligible to continue receiving a
10-20    retirement allowance as provided by this Act.
10-21                (40) [(41)]  "Retirement" means the termination of
10-22    employment of a member after the member becomes entitled to receive
10-23    a retirement allowance in accordance with the provisions of this
10-24    Act.
10-25                (41) [(42)]  "Retirement allowance" means the life
10-26    annuity (modified cash refund) to which a member may be entitled
10-27    under this Act, including annuities payable on disability
 11-1    retirement [or on early retirement].
 11-2                (42) [(43)]  "Retirement board" means the board of
 11-3    trustees of the retirement and pensioning system herein created for
 11-4    the purpose of administering the retirement system.
 11-5                (43) [(44)]  "Retirement system," "retirement and
 11-6    pensioning system," "pension system," or "system" means the
 11-7    retirement and pensioning system created by this Act for a city
 11-8    governed by this Act, or a pension system established pursuant this
 11-9    Act.
11-10                (44) [(45)]  "Year of creditable service" means a
11-11    12-month period of creditable service determined in accordance with
11-12    uniform and nondiscriminatory rules established by the retirement
11-13    board.
11-14          Sec. 3.  Establishment and applicability.  [(a)]  Subject to
11-15    the authority granted the retirement board in Section 7(d) of this
11-16    Act, members who retired, and the beneficiaries of members who
11-17    died, prior to [September 1, 1997] October 1, 1999, shall continue
11-18    to receive the same retirement allowances or benefits they were
11-19    entitled to receive prior to that date, together with any benefit
11-20    increases [cost of living adjustments] authorized [and paid in
11-21    accordance with] pursuant to this Act.
11-22          Sec. 4.  Administration.  (a)  There is hereby created a
11-23    retirement board of the retirement and pensioning system, in which
11-24    retirement board is hereby vested the power and responsibility for
11-25    the proper and effective general administration, management, and
11-26    operation of the retirement system for the exclusive benefit of the
11-27    present and future members of the retirement system and their
 12-1    beneficiaries.  The retirement board shall be organized immediately
 12-2    after its members have qualified and taken the oath of office.
 12-3          (b)  The retirement board shall be composed of 11 members as
 12-4    follows:
 12-5                (1)  place one:  one member of the governing body,
 12-6    designated by the governing body[, who may be removed and replaced
 12-7    or redesignated by the governing body at any time];
 12-8                (2)  place two:  the city manager of the city or his or
 12-9    her designee;
12-10                (3)  places three through five:  three qualified voters
12-11    of the city who have been city residents for the preceding five
12-12    years and who are not employees, former employees, or officers of
12-13    an employer;
12-14                (4)  places six through nine:  four active-contributory
12-15    members elected by the active-contributory members; and
12-16                (5)  places ten and eleven:  two retired members
12-17    elected by the retired members.
12-18          (c) (1)  The place one retirement board member serves at the
12-19    pleasure of the governing body and until the governing body
12-20    redesignates the place one member, or until the member is no longer
12-21    able to serve because of death, resignation, termination of
12-22    position as a member of the governing body, or disability.  The
12-23    governing body shall appoint a person to fill a vacancy in place
12-24    one not later than the 90th day after the first date of the
12-25    vacancy.
12-26                (2)  In December of every second even-numbered year,
12-27    the governing body shall appoint, to place three, one person
 13-1    meeting the qualifications for place three. In December of every
 13-2    second odd-numbered year, the governing body shall appoint, to
 13-3    place four, one person meeting the qualifications for place four.
 13-4    In December of every second odd-numbered year, the retirement board
 13-5    shall appoint, to place five, one person meeting the qualifications
 13-6    for place five.  Retirement board members holding places three
 13-7    through five each serve a four-year term beginning on January 1 of
 13-8    the year after their appointment, unless service is earlier
 13-9    terminated by the death, disability, resignation, or removal of
13-10    that retirement board member or the retirement board member ceases
13-11    to meet the qualifications of a citizen retirement board member as
13-12    set forth in Section 4(b) of this Act.  The governing body shall
13-13    fill a vacancy in place three or four with a person meeting the
13-14    qualifications for that place not later than the 90th day after the
13-15    first date of the vacancy.  If the governing body fails to appoint
13-16    an eligible person to fill a vacancy in place three or [five] four
13-17    within the 90-day period, the retirement board may appoint a person
13-18    meeting the qualifications for that place to fill the vacancy for
13-19    the remainder of the unexpired term.  The retirement board shall
13-20    appoint a person meeting the qualifications for place five to fill
13-21    a vacancy in place five for the remainder of the unexpired term.
13-22                (3)  The places six through nine retirement board
13-23    members each serve on the retirement board for a four-year term,
13-24    unless service is earlier terminated by the death, resignation,
13-25    termination of employment, disability, retirement, or removal of
13-26    the retirement board member.  The retirement board shall appoint an
13-27    active-contributory member to fill a vacancy in each of places six
 14-1    through nine for the remainder of the unexpired term, provided the
 14-2    remainder of such unexpired term is less than 365 days.  If the
 14-3    remainder of the unexpired term is 365 days, or more, the vacancy
 14-4    shall be filled by the active-contributory members voting at a
 14-5    special election.
 14-6                (4)  The places ten and eleven retirement board members
 14-7    serve for a four-year term, unless that service is earlier
 14-8    terminated by the death, disability, resignation, or removal of the
 14-9    member.  The retirement board shall appoint a retired member to
14-10    fill a vacancy in places ten or eleven for the remainder of the
14-11    unexpired term, provided the remainder of such unexpired term is
14-12    less than 365 days.  If the remainder of the unexpired term is 365
14-13    days, or more, the vacancy shall be filled by the retired members
14-14    voting at a special election.
14-15          (d)  Members for places six through eleven shall be elected
14-16    in accordance with the following provisions:
14-17                (1)  Only active-contributory members shall be eligible
14-18    for election for places six through nine. Only retired members
14-19    shall be eligible for election for places ten and eleven.  Not more
14-20    than one active-contributory member shall be eligible for election
14-21    from any one [city] department, or from any one similar
14-22    organizational unit or office that is established in the annual
14-23    budget of an employer and that is not a part of any other
14-24    department.
14-25                (2)  Members for places six through nine shall be
14-26    elected to four-year staggered terms with the terms of two of such
14-27    retirement board members beginning January 1 of each even-numbered
 15-1    year.
 15-2                (3)  Members for places ten and eleven shall be elected
 15-3    to four-year staggered terms.  One such retirement board member
 15-4    shall be elected at an election held in every other even-numbered
 15-5    year with the term of such retirement board member beginning on
 15-6    January 1 of the following odd-numbered year.  [The first election
 15-7    for place ten shall be held in 1996 and the term of the retired
 15-8    member elected at that election shall begin on January 1, 1997.
 15-9    The retirement board shall appoint a retired member, to place ten,
15-10    to serve until January 1, 1997.  The term of the retired member
15-11    serving in place eleven shall expire on December 31, 1998.]
15-12                (4) (A)  No later than the first day of October of each
15-13    odd-numbered year, the retirement board shall appoint a nominating
15-14    and election committee consisting of five committee members and two
15-15    alternates, all of whom are active-contributory members of the
15-16    retirement system.  The nominating and election committee shall
15-17    make one or more nominations for each active-contributory member
15-18    vacancy and shall act as election judges.  The nominating and
15-19    election committee shall determine and certify that each such
15-20    nominee and each candidate announcing for election is an
15-21    active-contributory member and prepare the ballot containing the
15-22    names of all certified active-contributory member candidates.
15-23                      (B)  No later than the first day of October of
15-24    every second even-numbered year, the retirement board shall appoint
15-25    a nominating and election committee consisting of five committee
15-26    members and five alternates, all of whom are retired members of the
15-27    retirement system.  The nominating and election committee shall
 16-1    make one or more nominations for the retired member vacancy and
 16-2    shall act as election judges.  The nominating and election
 16-3    committee shall determine and certify that each such nominee and
 16-4    each candidate announcing for election is a retired member and
 16-5    prepare the ballot containing the names of all certified retired
 16-6    member candidates.
 16-7                (5)  Each nominating and election committee shall
 16-8    publish a notice at least two (2) weeks prior to the applicable
 16-9    election date, informing all active-contributory members or retired
16-10    members, as applicable, of the names of the persons who have been
16-11    certified as candidates.
16-12                (6)  Elections for places [seven] six through [10] nine
16-13    shall be held [on the first payday] in December of [each]
16-14    odd-numbered years.  Elections for places ten and [11] eleven shall
16-15    be held in December of every second even-numbered year.  The
16-16    candidates receiving the highest number of eligible votes shall be
16-17    deemed elected.  In case of a tie vote, selection shall be by lot
16-18    drawn by an existing member of the retirement board at a meeting of
16-19    the retirement board held after the election but before the first
16-20    day of January of the year after the election.
16-21                (7)  The applicable nominating and election committee
16-22    shall canvass the returns, certify the results, and announce the
16-23    official results of the election.
16-24                (8)  The retirement board shall approve written
16-25    procedures for the conduct of the election no later than August 1
16-26    of each year in which an election is held.  Such procedures may
16-27    include comprehensive provisions for the conduct of the election
 17-1    and early voting.
 17-2          (e)  Each member of the retirement board shall, within 30
 17-3    days after appointment [and] or election, take an oath of office
 17-4    that he or she will diligently and honestly administer the affairs
 17-5    of the retirement system and will not knowingly violate or
 17-6    willingly permit to be violated any law or statute applicable to
 17-7    the retirement system.  All members of the retirement board serve
 17-8    without compensation.  [The retirement board may, at any time after
 17-9    notice and hearing, by a vote of six retirement board members
17-10    remove a retirement board member for malfeasance.]
17-11          (f)  In January of each year, the retirement board shall
17-12    elect from its membership a chair[man]person and a
17-13    vice-chair[man]person to serve one calendar year.
17-14          (g)  The retirement board shall hire a pension [officer]
17-15    director as an employee of the retirement board.  The retirement
17-16    board shall establish the title and the duties of the pension
17-17    director, which duties shall not be inconsistent with this Act.
17-18    The pension [officer] director shall hire and may fire or suspend
17-19    necessary staff members, and those staff members are employees of
17-20    the retirement [board] system.  The pension [officer] director
17-21    acting under the direction of the retirement board shall keep all
17-22    of the records of the retirement system and a record of the
17-23    proceedings of the retirement board.  The pension [officer]
17-24    director and [each] other staff members shall receive such
17-25    compensation as the retirement board may fix in each annual budget
17-26    of the retirement system, or amendments to the budget, and that
17-27    compensation shall be paid from the fund.
 18-1          (h)  Subject to the limitations of this Act, the retirement
 18-2    board shall from time to time establish rules and regulations for
 18-3    the administration of the funds authorized to be created hereunder
 18-4    and for the transaction of the retirement [board] system's
 18-5    business.  Each member of the retirement board is entitled to one
 18-6    vote. Six concurring votes are necessary for a decision by the
 18-7    retirement board [members] at any meeting of the retirement board,
 18-8    and six members constitute a quorum.  Each member will be required
 18-9    to serve on a committee of the retirement board.  Any retirement
18-10    board member who is absent from four consecutive regular monthly
18-11    meetings of the retirement board shall be removed from the
18-12    retirement board and replaced in accordance with the provisions of
18-13    this section.
18-14          (i) (1)  The retirement board shall keep or cause to be kept
18-15    in convenient form such data as [are] is necessary for actuarial
18-16    valuation of the fund of the retirement system and for checking the
18-17    mortality, service, compensation, and payment experience of the
18-18    system.  Each employer shall provide to the retirement board the
18-19    records necessary and useful to administer the system and the fund.
18-20                (2)  The retirement board shall keep a record of all
18-21    its proceedings, which shall be open to public inspection except as
18-22    otherwise specifically provided or permitted by law, and shall
18-23    publish annually a report showing the fiscal transactions of the
18-24    retirement system for the preceding year, the amount of the
18-25    accumulated cash, securities and other assets of the system, and
18-26    the last balance sheet showing the financial condition of the
18-27    system as disclosed by the most recent actuarial valuation of the
 19-1    assets and liabilities of the retirement system.
 19-2                (3)  The retirement board shall have charge of and
 19-3    administer the fund as trustee of the fund, [and] shall order
 19-4    payments therefrom in pursuance of the provisions of this Act, and,
 19-5    pursuant to subsection 10(f), may increase the benefits and
 19-6    allowances to be paid therefrom.  Where not impracticable, the
 19-7    retirement board shall collect all under payments and refund all
 19-8    known over payments made to the system.  [Each employer shall
 19-9    provide to the retirement board the records necessary and useful to
19-10    administer the system and the fund.]  The retirement board shall
19-11    report annually to the members on the condition of the fund and the
19-12    receipts and disbursements on account of the fund.  [The retirement
19-13    board shall keep a complete record of the retired members,
19-14    surviving spouses, and beneficiaries of the fund and the amounts
19-15    paid to them.]
19-16                (4)  Individual accounts shall be maintained for each
19-17    member of the retirement system, showing the amount of the member's
19-18    accumulated deposits.  Annually a statement shall be given each
19-19    member showing the total amount of that member's accumulated
19-20    deposits.  The retirement board shall keep a complete record of the
19-21    retired members, surviving spouses, and beneficiaries of the fund
19-22    and the amounts paid to them.  The accounts of the retirement board
19-23    and the retirement system shall be included in the annual
19-24    independent audit of the accounts of the system performed by a
19-25    certified public accounting firm selected by the retirement board.
19-26    One copy of the annual audit shall be provided to the governing
19-27    body and to the board of each employer.
 20-1                (5)  The retirement board shall designate an actuary
 20-2    who shall be the technical advisor of the retirement board
 20-3    regarding the maintenance and operations of the fund authorized by
 20-4    the provisions of this Act and shall perform such other duties as
 20-5    may be required in connection therewith, but shall not be an
 20-6    investment advisor or fiduciary with respect to any investments of
 20-7    the fund.  The actuary shall make periodic valuations of the assets
 20-8    and liabilities of the funds and other evaluations as requested by
 20-9    the retirement board.
20-10                (6)  From time to time on the advice of the actuary and
20-11    the direction of the retirement board, the actuary shall make an
20-12    actuarial investigation of the mortality, service, and compensation
20-13    experience of members, retired members, surviving spouses, and
20-14    beneficiaries of the retirement system and shall make a valuation
20-15    of the assets and liabilities of the funds of the system.  Taking
20-16    into account the result of such investigation and valuation, the
20-17    retirement board shall adopt for the retirement system such
20-18    mortality, service, and other actuarial tables or rates as are
20-19    deemed necessary.  On the basis of tables and rates adopted by the
20-20    retirement board, the actuary shall make a valuation at least once
20-21    every two years of the assets and liabilities of the funds of the
20-22    retirement system.
20-23                (7)  The retirement board may retain the services of
20-24    one or more investment managers who shall have full authority to
20-25    invest and manage the assets of the retirement system and the fund,
20-26    as specified by contract in accordance with Subchapter C, Chapter
20-27    802, Texas Government Code, and its subsequent amendments.
 21-1                (8)  The retirement board may retain the services of
 21-2    one or more investment consultants to monitor the investment
 21-3    performance of the investment managers and provide other
 21-4    investment-related services as requested by the retirement board.
 21-5          (j)  The retirement board may retain legal counsel as
 21-6    necessary in the judgment of the retirement board to advise,
 21-7    consult, assist and represent the retirement board and the system
 21-8    in and with respect to any legal matter, issue, cause or claim that
 21-9    comes before the retirement board or that may affect the retirement
21-10    system or the operation of the fund.
21-11          (k)  Except as provided by Subsection [(l)](m) of this
21-12    section, the retirement board may adopt rules, establish policies,
21-13    regulations [or] and procedures, correct any defect, supply any
21-14    information, or reconcile any inconsistency as the retirement board
21-15    considers necessary or advisable to carry out this Act. Further,
21-16    the retirement board is authorized to adopt any amendment that
21-17    modifies this Act to the extent necessary for the retirement system
21-18    to be a qualified plan under the Code.
21-19          (l)  The provisions of this Act shall be construed and
21-20    administered in a manner that the retirement system's benefit plan
21-21    will be considered a qualified plan under Section 401(a) of the
21-22    Code (26 U.S.C. Section 401).  The retirement board may adopt rules
21-23    that modify the plan to the extent necessary for the retirement
21-24    system to be a qualified plan, and shall adopt rules to ensure that
21-25    benefits paid to a retired member, or to a beneficiary of a member
21-26    or retired member, do not exceed the limits provided by Section 415
21-27    of the Code (26 U.S.C. Section 415).  Rules adopted by the
 22-1    retirement board are a part of the plan.  The retirement board may
 22-2    also adopt rules that establish a separate qualified excess benefit
 22-3    arrangement as defined in Section 415(m) of the Code to provide any
 22-4    benefits that would have been provided under the qualified plan but
 22-5    for the limits in Section 415 of the Code.
 22-6          [(l)] (m)  Any procedure, discretionary act, interpretation,
 22-7    or construction by the retirement board must be done in a
 22-8    nondiscriminatory manner based on uniform principles consistently
 22-9    applied and must be consistent with this Act and with Section
22-10    401(a) of the Code and its subsequent amendments.
22-11          [(m)] (n)  The retirement board is authorized to administer
22-12    oaths to any person providing testimony at any hearing or other
22-13    proceeding of the retirement board.  The retirement board may, at
22-14    any time after notice and hearing, by a vote of six retirement
22-15    board members remove a retirement board member for malfeasance.
22-16          Sec. 5.  Membership.  (a)  Each regular full-time employee
22-17    shall become an active-contributory member as a condition of
22-18    employment and shall make the required deposits commencing with the
22-19    first pay period in which the employee is compensated following the
22-20    effective date of this Act.  Unless on approved medical leave of
22-21    absence or on leave to serve in the uniformed services, the
22-22    employee shall make the deposits as long as the employee remains a
22-23    regular full-time employee and shall remain a member of the system
22-24    until the employee or the employee's beneficiary ceases to be
22-25    entitled to any benefits from the retirement system.  The
22-26    membership for all new regular full-time employees shall commence
22-27    on the date their employment commences [and all current active
 23-1    contributory members shall be deemed to have additional creditable
 23-2    service equal to the time elapsed between the date their regular
 23-3    full-time employment commenced and the date they became an active
 23-4    contributory member, but not in excess of six (6) months].
 23-5          (b)  Membership in the retirement system consists of the
 23-6    following groups:
 23-7                (1)  the active-contributory members group, which
 23-8    consists of all members, other than those on authorized leave of
 23-9    absence, who are making deposits;
23-10                (2)  the active-noncontributory members group, which
23-11    consists of all employees on approved medical leave of absence and
23-12    all employees of an employer, other than inactive-contributory
23-13    members, who have been active-contributory members but who are no
23-14    longer so because they are not regular full-time employees;
23-15                (3)  the inactive-contributory members group, which
23-16    consists of all members who are on an authorized leave of absence
23-17    and who continue to make deposits into the retirement system during
23-18    their absence;
23-19                (4)  the inactive-noncontributory members group, which
23-20    consists of all members whose status as an employee has been
23-21    terminated before retirement or disability retirement but who are
23-22    still entitled to or who may become entitled to, or whose
23-23    beneficiary may become entitled to, benefits from the retirement
23-24    system; and
23-25                (5)  the retired members group, which consists of all
23-26    members who have retired and who are receiving or who are entitled
23-27    to receive a retirement allowance.
 24-1          (c)  An active-noncontributory member becomes an
 24-2    active-contributory member immediately on resuming employment as a
 24-3    regular full-time employee or on returning from an approved medical
 24-4    leave of absence, as applicable.
 24-5          (d)  It shall be the duty of the retirement board to
 24-6    [determine] make a final determination of the membership group to
 24-7    which each person who becomes a member of the retirement system
 24-8    properly belongs.  It shall be the duty of the chief administrative
 24-9    officer of each employer to submit to the retirement board a
24-10    statement showing the name, position, compensation, duties, date of
24-11    birth, length of employment, and such other information regarding
24-12    each employee of the employer as the retirement board may require.
24-13          (e)  Any person who has ceased to be a member and has
24-14    received a distribution of the person's accumulated deposits may
24-15    have the person's membership service or prior service reinstated if
24-16    the person is reemployed as a regular full-time employee for a
24-17    continuous period of 24 months and deposits into the system, within
24-18    a reasonable period established by the retirement board on a
24-19    uniform and nondiscriminatory basis, the accumulated deposits
24-20    withdrawn by that person, together with an interest payment equal
24-21    to the amount withdrawn multiplied by an interest factor.  The
24-22    interest factor is equal to the annually compounded interest rate
24-23    assumed to have been earned by the fund beginning with the month
24-24    and year in which the person withdrew the person's accumulated
24-25    deposits and ending with the month and year in which the deposit
24-26    under this subsection is made.  The interest rate assumed to have
24-27    been earned by the fund for any period is equal to the interest
 25-1    rate credited for that period to the accumulated deposits of
 25-2    members, divided by 0.75.
 25-3          (f)  [A member on authorized leave of absence may make
 25-4    deposits each pay period to the system while on authorized leave of
 25-5    absence.  Each such deposit shall be in an amount that is equal to
 25-6    the amount of the member's deposit for the last complete pay period
 25-7    that the member was paid by the employer.  As long as the member on
 25-8    authorized leave of absence makes the payments each pay period, the
 25-9    employee's employer shall make contributions to the retirement
25-10    fund, for such member, each pay period in an amount equal to the
25-11    contribution amount the employer would have made if the member's
25-12    pay had continued to be the pay the member received for the last
25-13    complete pay period that the member was paid by the employer.  If
25-14    the member does not make those deposits while on authorized leave
25-15    of absence, the member may make a single payment, within five years
25-16    after the member has returned to employment with the employer,
25-17    equal to the deposits the member would have made if the member had
25-18    continued to be paid during the authorized leave of absence at the
25-19    same rate of pay the member was receiving at the time the member's
25-20    authorized leave of absence began.  In the event a member elects to
25-21    make a single payment, the member's employer shall make a single
25-22    payment for such member which payment shall be equal to the
25-23    contributions the employer would have made on the member's behalf
25-24    if the member had made deposits to the fund during the period of
25-25    the member's authorized leave of absence.  During an authorized
25-26    leave of absence, the member will continue to earn membership
25-27    service for the pay periods for which the member makes deposits in
 26-1    accordance with this subsection.  If a member makes the lump sum
 26-2    payment provided for in this subsection the membership service will
 26-3    be credited at the time of payment.]
 26-4          [(g)]  From time to time the retirement board, subject to the
 26-5    approval of the system's actuary, may elect to permit the
 26-6    reinstatement of membership service forfeited in accordance with
 26-7    the terms of this section.
 26-8          Sec. 6.  Creditable service.  (a)  The retirement allowance
 26-9    of a member is based on the member's creditable service as of the
26-10    member's actual retirement date.
26-11          (b)  The retirement board shall determine by
26-12    nondiscriminatory rules and regulations consistently applied,
26-13    subject to the provisions of this Act, in case of absence, illness,
26-14    or other temporary interruption in service as a regular full-time
26-15    employee, the portion of each calendar year to be allowed as
26-16    creditable service.  No credit shall be allowed as creditable
26-17    service for any period exceeding one month during which an employee
26-18    was absent continuously without pay, except for an authorized leave
26-19    of absence as provided in this Act.  The retirement board shall
26-20    verify the records for creditable service claims filed by the
26-21    members of the retirement system, subject to the provisions of this
26-22    Act and in accordance with such administrative rules and
26-23    regulations as the retirement board may from time to time adopt.
26-24          (c)  Uniformed service creditable in the retirement system is
26-25    any service required to be credited by the Uniformed Services
26-26    Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section
26-27    4301 et seq.), as amended, and certain active federal duty service
 27-1    in the armed forces of the United States performed before the
 27-2    commencement of employment with the employer, other than service as
 27-3    a student at a service academy, as a member of the reserves, or any
 27-4    continuous active military service lasting less than 90 days.  A
 27-5    member may establish creditable service for uniformed service
 27-6    performed that is creditable as provided under this subsection
 27-7    according to the following conditions, limitations, and
 27-8    restrictions:
 27-9                (1)  A member may establish uniformed creditable
27-10    service for an authorized leave of absence for military service as
27-11    provided in this subsection (c)(1).  A member on authorized leave
27-12    of absence for military service may make deposits each pay period
27-13    to the system while on such authorized leave of absence.  Each such
27-14    deposit shall be in an amount that is equal to the amount of the
27-15    member's deposit for the last complete pay period that the member
27-16    was paid by the employer as a regular full-time employee.  As long
27-17    as the member on authorized leave of absence makes the payments
27-18    each pay period, the employee's employer shall make contributions
27-19    to the retirement fund, for such member, each pay period in an
27-20    amount equal to the contribution amount the employer would have
27-21    made if the member's pay had continued to be the pay the member
27-22    received for the last complete pay period that the member was paid
27-23    by the employer.  If the member does not make those deposits while
27-24    on authorized leave of absence, the member may make a single
27-25    payment, within five years after the member has returned to
27-26    employment with the employer, equal to the deposits the member
27-27    would have made if the member had continued to be paid during the
 28-1    authorized leave of absence at the same rate of pay the member was
 28-2    receiving at the time the member's authorized leave of absence
 28-3    began, provided, however, such lump sum contribution may not exceed
 28-4    the amount required under the Uniformed  Services Employment and
 28-5    Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.),
 28-6    as amended, in the case of a member who makes such contributions
 28-7    within the time prescribed by such act.  In the event a member
 28-8    elects to make a single payment, the member's employer shall make a
 28-9    single payment for such member which payment shall be equal to the
28-10    contributions the employer would have made on the member's behalf
28-11    if the member had made deposits to the fund during the period of
28-12    the member's authorized leave of absence.  During an authorized
28-13    leave of absence, the member will continue to earn membership
28-14    service for the pay periods for which the member makes deposits in
28-15    accordance with this subsection.  If a member makes the lump sum
28-16    payment provided for in this subsection the membership service will
28-17    be credited at the time of payment.
28-18                (2)  A member may establish uniformed creditable
28-19    service for certain active federal duty service in the armed forces
28-20    of the United States performed before the member's commencement of
28-21    employment with the employer, other than service as a student at a
28-22    service academy, as a member of the reserves, or any continuous
28-23    active military service lasting less than 90 days, as provided in
28-24    this subsection (c)(2).  To be creditable under this subsection
28-25    (c)(2), the uniformed service must have been performed before the
28-26    beginning of the member's most recent period of membership in the
28-27    retirement system or its predecessor system.  A member may
 29-1    establish creditable service under this subsection (c)(2) by
 29-2    contributing to the retirement system a single payment equal to 25
 29-3    percent of the estimated cost of the additional projected
 29-4    retirement benefits the member will be entitled to receive.  The
 29-5    retirement board will determine the required contribution based on
 29-6    a procedure recommended by the actuary and approved by the
 29-7    retirement board.
 29-8          [(c)  At any time before a member's actual retirement date, a
 29-9    member may establish creditable service for uniformed service
29-10    performed that is creditable as provided under this subsection
29-11    according to the following conditions, limitations, and
29-12    restrictions:]
29-13                [(1)  Uniformed service creditable in the retirement
29-14    system is any service required to be credited by the Uniformed
29-15    Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
29-16    Section 4301 et seq.), as amended, and certain active federal duty
29-17    service in the armed forces of the United States performed before
29-18    the commencement of employment with the employer, other than
29-19    service as a student at a service academy, as a member of the
29-20    reserves, or any continuous active military service lasting less
29-21    than 90 days.  To be creditable, the uniformed service must have
29-22    been performed before the beginning of the member's most recent
29-23    period of membership in the retirement system or its predecessor
29-24    system.]
29-25                [(2)] (3)  A member is not eligible to establish
29-26    uniformed service credit unless the member was released from active
29-27    military duty under conditions other than dishonorable.
 30-1                [(3)] (4)  A member may not establish creditable
 30-2    service in the retirement system for uniformed service for more
 30-3    than the greater of the creditable service required under the
 30-4    Uniformed Services Employment and Reemployment Rights Act of 1994
 30-5    (38 U.S.C. Section 4301 et seq.), as amended, or 48 months of
 30-6    creditable service in the retirement system for uniformed service
 30-7    under this subsection (c).
 30-8                [(4)  A member may establish creditable service under
 30-9    this subsection by contributing to the retirement system a single
30-10    payment equal to 25 percent of the estimated cost of the additional
30-11    projected retirement benefits the member will be entitled to
30-12    receive.  The retirement board will determine the required
30-13    contribution based on a procedure recommended by the actuary and
30-14    approved by the retirement board, provided, however,
30-15    notwithstanding the amount determined under the preceding sentence,
30-16    such contribution may not exceed the amount required under the
30-17    Uniformed Services Employment and Reemployment Rights Act of 1994
30-18    (38 U.S.C. Section 4301 et seq.), as amended, in the case of a
30-19    member who makes such contributions within the time prescribed by
30-20    such act.]
30-21                (5)  After the member makes the deposit required by
30-22    this subsection, the retirement system shall grant the member one
30-23    month of creditable service for each month of creditable uniformed
30-24    service established under this subsection.
30-25          (d)  At any time before the actual retirement date of a
30-26    member the employer of the member may purchase additional
30-27    creditable service for the member [who was not at any time a highly
 31-1    compensated employee within the meaning of Section 414(q) of the
 31-2    code, a member may be considered to qualify for unreduced
 31-3    retirement benefits at the age of 55 or, if the member is more than
 31-4    55 years of age, at the time of the purchase of additional service
 31-5    credit by an employer].  Such additional purchased creditable
 31-6    service shall be credited to the member for which the purchase is
 31-7    made.  The incremental cost of eligibility under this subsection
 31-8    shall be purchased by the employer at the full actuarial cost of
 31-9    such additional creditable service as determined by the retirement
31-10    board acting on the advice of the actuary.
31-11          (e)  At any time before a member's actual retirement date,
31-12    the member may purchase noncontributory creditable service [credit]
31-13    equal in amount to the period the member:
31-14                (1)  was on verifiable workers' compensation leave due
31-15    to an injury sustained in the course and scope of employment by an
31-16    employer;
31-17                (2)  was on an authorized leave of absence from an
31-18    employer; or
31-19                (3)  performed service for an employer in a position
31-20    the service for which is not otherwise creditable in the retirement
31-21    system.
31-22          (f)  The full actuarial cost of noncontributory creditable
31-23    service purchased as provided by [S]subsection (e) of this section
31-24    is payable by the member purchasing the credit.
31-25          (g)  In this section, "noncontributory creditable service"
31-26    means creditable service for which an employer contribution is not
31-27    made.
 32-1          Sec. 7.  SERVICE RETIREMENT [BENEFITS] AND WITHDRAWAL
 32-2    BENEFITS.  (a)  Except as provided by subsection (b) of this
 32-3    section, a member who retires on or after the member's normal
 32-4    retirement date and applies in writing for a retirement allowance
 32-5    shall receive a life annuity (modified cash refund) beginning on
 32-6    the last day of the month after the month in which the member
 32-7    retired.  Unless [subsection (e) of this section or] section 8 of
 32-8    this Act applies, a member whose employment by the employer
 32-9    terminates before the member's normal retirement date is entitled
32-10    to a distribution of the member's accumulated deposits in a single
32-11    lump sum.  On receiving that distribution, a member is not entitled
32-12    to any other benefit under this Act.  If a member has at least five
32-13    years of creditable service and does not withdraw the member's
32-14    accumulated deposits, the member is entitled to a life annuity
32-15    (modified cash refund) beginning on the first day of the month
32-16    after the month in which the member's normal retirement date
32-17    occurs.  [If a member has 20 years of creditable service and does
32-18    not withdraw the member's accumulated deposits, the member is
32-19    entitled to a retirement benefit on attaining age 55.]
32-20          (b)  A member who terminates employment with the employer and
32-21    who has less than five years of creditable service is not entitled
32-22    to a retirement allowance, unless such member is eligible and
32-23    participates in a proportionate retirement program authorized by
32-24    state law.
32-25          (c)  The amount of each [the] retirement allowance and all
32-26    other benefits payable under this statute shall be subject at all
32-27    times to such adjustments as may be required to ensure actuarial
 33-1    soundness, as may be approved by the actuary and adopted by the
 33-2    retirement board, except that annuities already accrued may not be
 33-3    reduced.
 33-4          (d)(1)  Subject to the conditions, limitations, and
 33-5    restrictions set forth in this [subsection, as well as all other
 33-6    pertinent conditions, limitations, and restrictions set forth
 33-7    elsewhere in this] Act, the retirement board shall have the power
 33-8    once each year in December:
 33-9                      (A)  T[t]o authorize a cost of living adjustment
33-10    (hereinafter referred to as the "adjustment") payment of which,
33-11    once authorized, shall be added to the current monthly payment of
33-12    all retirement annuities, pensions, or allowances of each and every
33-13    retired member (or the retired member's beneficiary) who [has]
33-14    bec[o]ame entitled to benefits[,] on or before December 31 of the
33-15    year before the year in which the adjustment [goes into effect] is
33-16    approved; or
33-17                      (B)  To Authorize a one-time additional benefit
33-18    payment (hereinafter referred to as the "additional payment")
33-19    payment of which, once authorized, shall be made to each retired
33-20    member receiving a retirement annuity, pension, or allowance, who
33-21    became entitled to benefits, on or before December 31 of the year
33-22    before the year in which the additional payment is approved.
33-23                (2)  Before December 31 of each year, the retirement
33-24    board shall make a separate determination as to whether to
33-25    authorize the payment of an adjustment and the amount of such
33-26    adjustment, if any, and whether to authorize the payment of an
33-27    additional payment, if any.  In determining whether to authorize an
 34-1    adjustment and/or an additional payment, the retirement board may
 34-2    consider the changes in the consumer price index over the preceding
 34-3    12-month period, the actuarial experience of the fund, the
 34-4    investment experience of the fund, the amount of any prior or
 34-5    current adjustments, or the amount of any prior or current
 34-6    additional payments, and other factors that the retirement board
 34-7    and the actuary consider appropriate.
 34-8                (3) [(2)]  In determining whether to authorize the
 34-9    payment and the amount of any adjustment or additional payment, the
34-10    retirement board shall be governed by the following conditions,
34-11    considerations, limitations, and restrictions:
34-12                      (A)  Any and all determinations to authorize the
34-13    payment of any adjustment or additional payment amount must be
34-14    based on the ability of the fund to pay such an amount and shall
34-15    not be based on the individual needs of any particular retired
34-16    members or beneficiaries.
34-17                      (B)  Prior to the retirement board's authorizing
34-18    the payment of an adjustment or additional payment, the actuary
34-19    must recommend such an adjustment and/or additional payment to the
34-20    retirement board and certify in writing that, based on the sound
34-21    application of actuarial assumptions and methods consistent with
34-22    sound actuarial principles and standards, it is demonstrable that
34-23    the fund has and likely will continue to have the ability to pay
34-24    such an amount out of its realized income after all other
34-25    obligations of the fund have been paid.
34-26                      (C)  The amount of the adjustment and/or
34-27    additional payment for each retired member or beneficiary shall be
 35-1    a uniform percentage of the monthly payment being received by a
 35-2    member, or by a beneficiary by reason of a member, who was retired
 35-3    at least one year before the adjustment and:
 35-4                            (i)  An adjustment may not exceed six
 35-5    percent of the monthly payment due the retired member or
 35-6    beneficiary before the adjustment;
 35-7                            (ii)  An additional payment may not exceed
 35-8    an amount equal to the amount of the monthly payment being received
 35-9    by a member prior to the addition of any adjustment made during
35-10    that year; and[.]
35-11                            (iii)  For members who retired during the
35-12    year in which the adjustment or additional payment is authorized,
35-13    the additional payment shall be prorated, and the increase for the
35-14    first year in which the adjustment is being paid shall be prorated,
35-15    in the ratio that the number of completed months after the member's
35-16    retirement in the year of the member's retirement bears to 12.
35-17    After the first year the member is entitled to the full amount of
35-18    any adjustment or additional payment without proration.
35-19                (4) [(3)]  Any adjustment payments or additional
35-20    payment shall be in addition to the benefits to which a retired
35-21    member or beneficiary is otherwise entitled under this Act.
35-22          (e)  Any member who qualifies for retirement by reason of
35-23    creditable service attained with one or more retirement programs
35-24    participating in the proportionate retirement program established
35-25    by state law shall be eligible for [early retirement if the member
35-26    attains the age of 55 years and completes at least 20 years of
35-27    creditable service.  Such member shall be entitled to a benefit
 36-1    equal to a life annuity (modified cash refund)]. proportionate
 36-2    retirement.  A member who qualifies for proportionate retirement
 36-3    and retires shall begin receiving [the] retirement benefits
 36-4    [provided by this subsection] beginning on the last day of the
 36-5    month after the month in which the member retired.
 36-6          (f)  A member may file a written designation, which, if
 36-7    approved by the retirement board, shall entitle the member, on
 36-8    retirement, to receive the actuarial equivalent of the life annuity
 36-9    in the form of one of the following options:
36-10                (1)  Option I. 100 Percent Joint and Survivor Annuity.
36-11    This option is a reduced monthly annuity payable to the member but
36-12    with the provision that on the member's death the annuity shall be
36-13    continued throughout the life of and be paid to such person as the
36-14    member shall designate before the member's actual retirement date.
36-15                (2)  Option II. 50 Percent Joint and Survivor Annuity.
36-16    This option is a reduced monthly annuity payable to the member but
36-17    with the provision that on the member's death one-half of the
36-18    annuity shall be continued throughout the life of and be paid to
36-19    such person as the member shall designate before the member's
36-20    actual retirement date.
36-21                (3)  Option III. 66-2/3 Percent Joint and Survivor
36-22    Annuity.  This option is a reduced monthly annuity payable to the
36-23    member but with the provision that on the member's death two-thirds
36-24    of the annuity shall be continued throughout the life of and be
36-25    paid to such person as the member shall designate before the
36-26    member's actual retirement date.
36-27                (4)  Option IV. Joint and 66-2/3 Percent Last Survivor
 37-1    Annuity.  This option is a reduced monthly annuity payable to the
 37-2    member but with the provision that two-thirds of the annuity to
 37-3    which the member would be entitled shall be continued throughout
 37-4    the life of and be paid to the survivor after the death of either
 37-5    the member or such person as the member shall designate before the
 37-6    member's actual retirement date.
 37-7                [(5)  Option V. Level Income Option.  If payment of a
 37-8    retirement allowance commences prior to the earliest age at which
 37-9    the member will become eligible for an old age insurance benefit
37-10    under the Social Security Act, the member may elect that the amount
37-11    of the monthly payments be adjusted so that an increased monthly
37-12    amount will be paid prior to such age and a reduced monthly amount,
37-13    if any, will be paid for life after such age.  The purpose of this
37-14    adjustment is to enable the member to receive from this plan and
37-15    under the Social Security Act an aggregate income in approximately
37-16    a level amount for life.]
37-17                [(6)  Option VI. 66-2/3 Percent Joint and
37-18    Survivor/Level Income Option.  If payment of a retirement allowance
37-19    commences prior to the earliest age at which the member could
37-20    become eligible for an old age insurance benefit under the Social
37-21    Security Act, the member may elect that the amount of the monthly
37-22    payments be adjusted so that an increased monthly amount will be
37-23    paid prior to such age and a reduced monthly amount will be paid
37-24    for life after such age.  The purpose of this adjustment is to
37-25    enable the member to receive from this plan and under the Social
37-26    Security Act an aggregate income in approximately a level amount
37-27    for life.  Option VI provides that if the member's death occurs
 38-1    after age 62, two-thirds of the monthly annuity the member was
 38-2    receiving at the time of the member's death shall be continued
 38-3    throughout the life of and be paid to such person as the member
 38-4    shall designate before the member's actual retirement date.  If the
 38-5    member's death occurs before age 62, two-thirds of the monthly
 38-6    annuity the member was receiving at the time of member's death
 38-7    shall be paid to such person as the member shall designate before
 38-8    the member's actual retirement date through the end of the month
 38-9    when the member would have reached age 62.  The monthly annuity
38-10    being paid to such person as the member shall designate before the
38-11    member's actual retirement date will be reduced at the end of the
38-12    month following the month in which the member would have reached
38-13    age 62 to two-thirds of the reduced benefit the member would have
38-14    begun to receive at age 62.]
38-15                (5) [(7)]    Option V[II]. 15-Year Certain and Life
38-16    Annuity.  This option is a reduced annuity payable to the member
38-17    for life.  In the event of the member's death before 180 monthly
38-18    payments have been made, the remainder of the 180 payments shall be
38-19    paid to the member's designated beneficiary or, if there is no
38-20    designated beneficiary, to the member's estate.
38-21                (6) [(8)]  Option VI[II]. Equivalent Benefit Plan.  If
38-22    a member requests in writing, any other form of benefit or benefits
38-23    may be paid either to the member or to such person or persons as
38-24    the member shall designate before the member's actual retirement
38-25    date, provided that the benefit plan requested by the member is
38-26    certified by the actuary for the system to be the actuarial
38-27    equivalent of the life annuity with guaranteed refund of the
 39-1    retired member's accumulated deposits.  If, on the death of the
 39-2    member and all other persons entitled to receive payments under an
 39-3    optional benefit, the member's accumulated deposits as of the
 39-4    member's actual retirement date exceed the sum of all payments made
 39-5    under that optional benefit, that excess shall be paid in one lump
 39-6    sum to the member's designated beneficiary.
 39-7          (g)(1)  For purposes of Subsection (f) of this section, the
 39-8    designation of a beneficiary must be made in writing on a form and
 39-9    in the manner prescribed by the retirement board.  If a member has
39-10    chosen Option I, II, III, IV, [VI,] or VI[II], the member's
39-11    designation of a beneficiary may not be revoked after a member
39-12    retires, and any attempted revocation of a designation for those
39-13    options is void.  Spousal consent shall not be required for a
39-14    member to select Option I, II, III[,] or IV [or VI].  If the member
39-15    is married, spousal consent is required for the member to select an
39-16    optional benefit other than Option I, II, III[,] or IV [or VI]. At
39-17    any time before retirement, a member may file with the retirement
39-18    board a written statement designating one or more persons to be
39-19    entitled to receive as beneficiary the reduced annuity payable
39-20    under one of the optional benefits.  If a married member designates
39-21    as a beneficiary any person other than the member's spouse, the
39-22    member's spouse must consent in writing to the beneficiary
39-23    designation, and the beneficiary designation may not be changed
39-24    without spousal consent, unless the consent of the spouse expressly
39-25    permits designations by the member without the requirement of
39-26    further consent by the spouse.  The spouse's consent is irrevocable
39-27    and must acknowledge the effect of the designation and be witnessed
 40-1    by a retirement board employee or notary public.  Spousal consent
 40-2    is not required if it is established to the satisfaction of the
 40-3    retirement board that the required consent cannot be obtained
 40-4    because there is no spouse, the spouse cannot be located, or other
 40-5    circumstances exist as prescribed by United States Treasury
 40-6    regulations.  Notwithstanding other provisions of this subdivision,
 40-7    the option election or beneficiary designation made by a member and
 40-8    consented to by the member's spouse may be revoked by the member in
 40-9    writing without consent of the spouse at any time before
40-10    retirement.  The number of revocations is not limited.  A former
40-11    spouse's waiver or consent is not binding on a new spouse.  An
40-12    option selection becomes effective on the member's actual
40-13    retirement date.  The member retains the right to change the option
40-14    selected or the beneficiary designated until the member's actual
40-15    retirement date, subject to this subsection.
40-16                (2)  After filing the written statement selecting one
40-17    of the optional benefits, the member may continue in employment and
40-18    retire any time after the member becomes eligible by filing a
40-19    written application for retirement.  If the member dies before
40-20    retirement but after becoming eligible for retirement, the
40-21    effective date of the member's retirement is the last day of the
40-22    calendar month of death, and the benefit is computed on the
40-23    optional benefit selected as if the member had retired on that
40-24    date.
40-25          (h)  The amount of the annuity payment in Options I, II, III,
40-26    IV, V[,] and VI[, VII, and VIII] shall be determined without
40-27    considering the minimum cumulative payment of the retired member's
 41-1    accumulated deposits since that refund feature will stay in effect
 41-2    as indicated herein.
 41-3          (i)  If a member who is eligible for retirement dies without
 41-4    having filed a written selection of one of the enumerated options
 41-5    and if the member leaves a surviving spouse, that spouse may select
 41-6    the optional benefit in the same manner as if the member had made
 41-7    the selection or may select a lump-sum payment equal to the
 41-8    deceased member's accumulated deposits plus an equivalent amount
 41-9    from Fund No. 2.  If the member does not leave a surviving spouse,
41-10    the member's designated beneficiary is entitled to elect either
41-11    Option V[II], to become effective at the beginning of the calendar
41-12    month after the month in which the death of the member occurs, or
41-13    the sum of a lump-sum payment equal to the deceased member's
41-14    accumulated deposits plus an equivalent amount from Fund No.  2.
41-15    If the surviving spouse dies before the spouse receives retirement
41-16    allowances equal to the amount of the member's accumulated deposits
41-17    on the date of the member's death, the excess of the accumulated
41-18    deposits over the retirement allowances paid shall be distributed
41-19    in one lump sum to the member's estate.
41-20          (j)  In the event of death of a member who is ineligible for
41-21    retirement, the member's accumulated deposits and an equivalent
41-22    amount from Fund No. 2 shall be paid in a lump sum to the member's
41-23    beneficiary.
41-24          (k)(1)  If a designation of intent to participate in
41-25    proportionate retirement has not been filed with the retirement
41-26    system, or a prior demand for withdrawal of accumulated deposits
41-27    has not been made, within seven years after termination of
 42-1    employment by a member with less than five years' of creditable
 42-2    service, the member's accumulated deposits shall be returned to the
 42-3    member or the member's beneficiary.  Except as provided by
 42-4    subdivision (2) of this subsection, if the system is unable to
 42-5    locate the member or the member's beneficiary, the member's
 42-6    accumulated deposits shall thereafter be forfeited and become a
 42-7    part of Fund No. 2.
 42-8                (2)(A)  If the member or member's beneficiary later
 42-9    appears and requests in writing the payment of the member's
42-10    accumulated deposits, the system shall:
42-11                            ([A]i)  reinstate the account of the
42-12    member;
42-13                            ([B]ii)  credit to that account an amount
42-14    equal to all of the accumulated deposits previously standing to the
42-15    member's credit plus interest that would have been earned on those
42-16    accumulated deposits if the funds had remained in Fund No. 1
42-17    between the date of forfeiture to Fund No. 2 and the date of
42-18    reinstatement of the member's account;
42-19                            ([C]iii)  fund the account from the monies
42-20    in Fund No. 2; and
42-21                            ([D]iv)  make all necessary payments to the
42-22    member or member's beneficiary from the reinstated account.
42-23                      ([3]B)  On payment of the accumulated deposits
42-24    under this subsection, plus any interest on those deposits to which
42-25    the member may be entitled, to the member or member's beneficiary
42-26    in accordance with this subsection, the terminated employee ceases
42-27    to be a member of the system.
 43-1                (3)  If the member's accumulated deposits are not
 43-2    withdrawn and the member gives notice of intent to participate in
 43-3    proportionate retirement, and establishes eligibility to
 43-4    participate in proportionate retirement, the member's account shall
 43-5    be reinstated and credited (but not refunded) as provided in Sec.
 43-6    7(k)(2) above, and the member will receive a proportionate
 43-7    retirement allowance as provided in this Act.
 43-8                (4)  If a demand for withdrawal of funds is made more
 43-9    than ten years after termination of employment and the records of
43-10    the system do not affirmatively establish that such accumulated
43-11    deposits remain on deposit in the fund, the retirement board shall
43-12    consider the system's records and the evidence presented by the
43-13    member or the beneficiary and determine if any payment is due to
43-14    such member or beneficiary.  The burden of proof shall be on the
43-15    member or beneficiary and the decision of the retirement board
43-16    shall be final.
43-17          (l)  In the event of the death of a member receiving a
43-18    retirement allowance, the sum of $10,000 shall be payable in a lump
43-19    sum to the member's beneficiary.
43-20          (m)  When monthly survivor benefits are deemed payable as a
43-21    result of the death of a member before retirement, an additional
43-22    sum of $10,000 shall be payable as a death benefit to the member's
43-23    designated beneficiary.
43-24          (n)  In the event of the death of the retired member then
43-25    receiving a retirement allowance under any retirement option and
43-26    the death of the beneficiary designated by the retired member, when
43-27    either Option I, Option II, Option III[,] or Option IV[, or Option
 44-1    VI] is in effect, before retirement allowances have been received
 44-2    that are equal or greater than the retired member's accumulated
 44-3    deposits, the member's estate will receive the excess of the
 44-4    retired member's accumulated deposits over the retirement
 44-5    allowances paid.
 44-6          (o)  If a person who is nominated by a member in the written
 44-7    designation under Option I, Option II, Option III or Option IV
 44-8    predeceases the retired member after the effective date of this
 44-9    Act, the reduced annuity of the retired member who elected the
44-10    optional lifetime retirement annuity shall be increased to the
44-11    standard service retirement annuity that the retiree would
44-12    otherwise be entitled to receive if the retired member had not
44-13    selected Option I, Option II, Option III or Option IV.  The
44-14    standard service retirement annuity shall be adjusted as
44-15    appropriate for early retirement as permitted by law, and
44-16    postretirement increases in retirement benefits authorized by law
44-17    after the date of retirement.  The increase in the annuity under
44-18    this subsection begins with the monthly payment made to the retired
44-19    member for the month following the month in which the person
44-20    nominated dies, or the month following the month in which the
44-21    retired member gives the system notice of such nominated person's
44-22    death, whichever is later, and is payable to the retired member for
44-23    the remainder of the retired member's life.
44-24          (p)  Notwithstanding any contrary provision of this Act, the
44-25    distribution of a member's benefits, including benefits payable
44-26    after the member's death, made on or after January 1, 1985, shall
44-27    be made in accordance with the following requirements and shall
 45-1    otherwise comply with Section 401(a)(9) of the Code and related
 45-2    regulations, including Regulation Section 1.401(a)(9)-2:
 45-3                (1)  A member's benefits shall be distributed to the
 45-4    member, or the distribution of those benefits shall begin, not
 45-5    later than April 1 of the calendar year after the calendar year in
 45-6    which occurs the later of the date on which the member attains age
 45-7    70-1/2  or the date on which the member's employment by the
 45-8    employer terminates.
 45-9                (2)  A member's benefits shall be distributed over a
45-10    period not exceeding the life of the member or the lives of the
45-11    member and the member's beneficiary or over a period not exceeding
45-12    the life expectancy of the member or the life expectancy of the
45-13    member and the member's beneficiary.
45-14                (3)  If the distribution of a member's benefit has
45-15    begun and the member dies before the member's entire benefit is
45-16    distributed, the remaining portion of that benefit shall be
45-17    distributed at least as rapidly as under the form of benefit
45-18    selected as of the date of the member's death, adjusted as
45-19    necessary under this subsection.
45-20                (4)  If a member dies before the distribution of the
45-21    member's benefit has begun, the member's death benefit shall be
45-22    distributed to the member's beneficiary within five years after the
45-23    date of the member's death.  This five-year rule does not apply to
45-24    any portion of the deceased member's benefit that is payable to or
45-25    for the benefit of the member's surviving spouse.  A benefit
45-26    payable to or for the benefit of the member's surviving spouse may
45-27    be distributed over the life of the spouse or over a period not
 46-1    exceeding the life expectancy of the spouse, provided that payment
 46-2    of the benefit begins not later than the date on which the deceased
 46-3    member would have attained age 70-1/2.  If the surviving spouse
 46-4    dies before distributions to that spouse begin, the five-year rule
 46-5    applies as if the spouse had been the member.
 46-6                (5)  The five-year rule does not apply to distributions
 46-7    payable to a beneficiary over the life or life expectancy of the
 46-8    beneficiary, provided that payment of the benefit begins not later
 46-9    than the first anniversary of the date of the member's death.
46-10                (6)  In applying the requirements of this subsection,
46-11    the life expectancy of the member and the member's beneficiary
46-12    shall be redetermined annually in accordance with regulations under
46-13    Section 401(a)(9) of the Code and its subsequent amendments.
46-14          (q) [(p)]  Forfeitures that may result from the termination
46-15    of any right of a member may not be used to increase benefits to
46-16    remaining members.  This subsection shall not preclude an increase
46-17    in benefits by amendment to this Act or action of the retirement
46-18    board in accordance with subsection (d) of this section that is
46-19    made possible by forfeitures or for any other reason.
46-20          Sec. 8.  DISABILITY RETIREMENT.  (a)  Only
46-21    active-contributory members, inactive-contributory members, and
46-22    members on approved medical leave of absence are eligible for
46-23    consideration for disability retirement.  Such members may apply
46-24    for disability retirement at any date prior to their normal
46-25    retirement date; and a member shall be deemed to remain in such
46-26    respective member category for a period of ninety (90) days
46-27    following termination of employment for inability to perform all
 47-1    employment duties.  Inactive-noncontributory members are not
 47-2    eligible for consideration for disability retirement and may not
 47-3    receive any benefits under this section.
 47-4          (b)  If a member who is eligible for consideration for
 47-5    disability retirement has become mentally or physically
 47-6    incapacitated for the performance of all employment duties as a
 47-7    direct result of injuries sustained in the performance of the
 47-8    member's employment duties subsequent to the member's effective
 47-9    date of membership in the retirement system, the member may apply
47-10    for disability retirement.  Such application, made by or on behalf
47-11    of the injured member, shall show that the injury sustained:
47-12                (1)  was by external and violent means;
47-13                (2)  came as a direct and proximate result of the
47-14    performance of the member's employment duties with the employer;
47-15    and
47-16                (3)  is likely to be permanent.
47-17          (c)  On recommendation of the physician or physicians
47-18    appointed or selected by the retirement board that the eligible
47-19    member's incapacity is likely to be permanent and after determining
47-20    on that basis, or on the basis of any additional evidence which the
47-21    retirement board deems relevant, that the member meets the
47-22    requirements of subsection (b) of this section, the retirement
47-23    board shall award such member a disability retirement allowance.
47-24    The decision of the retirement board is final subject to the
47-25    reexamination, discontinuance and revocation rules at subsections
47-26    (h) and (i) of this section.
47-27          (d)  If a member who is eligible for consideration for
 48-1    disability retirement, and who has more than [10] 5 years of
 48-2    creditable service, has become mentally or physically incapacitated
 48-3    for the performance of all employment duties, such member may apply
 48-4    for disability retirement.  The application made on behalf of the
 48-5    disabled member shall show that the incapacity is likely to be
 48-6    permanent.  On recommendation of the physician or physicians
 48-7    appointed or selected by the retirement board that the eligible
 48-8    member's incapacity is likely to be permanent and after determining
 48-9    on that basis, or on the basis of any additional evidence which the
48-10    retirement board deems relevant, that the member meets the
48-11    requirements of this subsection (d) of this section, the retirement
48-12    board shall award such member a disability retirement allowance.
48-13    The decision of the retirement board is final subject to the
48-14    reexamination, discontinuance and revocation rules at subsections
48-15    (h) and (i) of this section.
48-16          (e)  On award of a disability retirement allowance, the
48-17    member shall receive a disability retirement allowance, beginning
48-18    on the last day of the month after the month in which the member
48-19    became disabled, which shall be computed in the same manner that a
48-20    retirement allowance would be computed at the member's normal
48-21    retirement date, based on compensation and creditable service at
48-22    the date of disability retirement[, without reduction for early
48-23    retirement].  The disabled member may choose to receive a life
48-24    annuity (modified cash refund) or a benefit as described by Section
48-25    7(f) of this Act as Option I, Option II, Option III[,] or Option
48-26    IV[, or Option VII].
48-27          (f)  A member receiving a disability retirement allowance
 49-1    [will be required to] shall file [an annual] periodic reports with
 49-2    the retirement board concerning continued proof of disability.  The
 49-3    retirement board shall adopt policy establishing the required
 49-4    supporting information and documentation and the content and time
 49-5    requirements for such reports.  The report shall include:
 49-6                (1)  a current statement of the member's physical or
 49-7    mental condition stating existence of continuing disability, signed
 49-8    by the member's attending physician; and
 49-9                (2)  a statement of all employment activities pursued
49-10    in the preceding year.
49-11          (g)  [Each calendar year, a d] Disabled members shall file
49-12    the [annual] periodic report required by subsection (f) of this
49-13    section [no later than the 60th day after the anniversary date of
49-14    the member's disability retirement] within the time established by
49-15    the retirement board.  The retirement board  may require that all
49-16    periodic reports including the member's most recent tax return, be
49-17    filed in the same calendar month.  The retirement board may verify
49-18    all information submitted in the report.
49-19          (h)  The pension [officer] director will be responsible for a
49-20    yearly report to the retirement board listing those disabled
49-21    members who should be examined.  The retirement board shall have
49-22    the right to order [an] one or more examinations of any person on
49-23    disability retirement once each year until the member reaches the
49-24    [age of 62 years] normal retirement date.  If the member fails or
49-25    refuses to submit to any examination by a physician or physicians
49-26    appointed by the  retirement board or if the member fails or
49-27    refuses to submit [an annual] periodic report in accordance with
 50-1    subsection (g) of this section concerning continued proof of
 50-2    disability, the disability retirement allowance shall be
 50-3    discontinued until such failure or refusal is withdrawn and the
 50-4    member has submitted to any examinations requested by the
 50-5    retirement board and has submitted [an annual] the periodic report.
 50-6    Should such failure or refusal continue for a period of one year,
 50-7    the disability retirement allowance may be revoked by the
 50-8    retirement board.  If a member's disability retirement allowance
 50-9    has been revoked for failure to file the required periodic report
50-10    or to submit to any requested examination, the retirement board may
50-11    reinstate the member's disability retirement allowance on a
50-12    prospective basis only on the member's full performance of and
50-13    compliance with all requirements of this section and the retirement
50-14    board's determination that the member's disability is continuing.
50-15          (i)(1)  If [after] investigation of the disabled member's
50-16    activities shows, or if the [annual] medical examination(s) shows,
50-17    that the member is no longer physically or mentally incapacitated
50-18    for the purposes of the performance of employment  duties, or if
50-19    [that] such member is found to be engaged in, or [is] able to
50-20    engage in, substantial gainful occupation[,] as defined by Social
50-21    Security disability income guidelines, for which he or she is
50-22    reasonably suited by education, training, or experience, the
50-23    retirement board shall discontinue the disability retirement
50-24    allowance.
50-25                (2)  If the disability retirement allowance of a member
50-26    who had less than [10] 5 years of creditable service is
50-27    discontinued under this subsection or subsection (h) of this
 51-1    section and not reinstated, and the member is not reemployed by the
 51-2    employer, the member is entitled to any amount by which the sum of
 51-3    the member's accumulated deposits as of the date of disability
 51-4    retirement exceeds the sum of all disability retirement benefits
 51-5    paid to the member by the system.
 51-6                (3)  If the disability retirement allowance of a member
 51-7    is discontinued under this subsection or subsection (h) of this
 51-8    section and not reinstated, and the member is not reemployed by the
 51-9    employer, the member may:
51-10                      (A)  Withdraw any amount by which the sum of the
51-11    member's accumulated deposits as of the date of the disability
51-12    retirement exceeds the sum of all disability retirement benefits
51-13    paid to the member by the system; or[.]
51-14                      (B)  If [a] the member [who] had [10] 5 or more
51-15    years of creditable service and does not withdraw the excess, the
51-16    member is entitled to a life annuity (modified cash refund)
51-17    beginning on the first day of the month after the month in which
51-18    the member's normal retirement date occurs.
51-19          (j)  If a disabled member returns to active employment
51-20    service with the employer, the disability retirement allowance
51-21    shall cease.  If the person is reemployed as a regular full-time
51-22    employee, the person shall be reinstated as an active-contributory
51-23    member of the system and shall comply with all requirements of this
51-24    Act.  If reinstated as an active-contributory member, all
51-25    membership service credits accumulated prior to disability shall be
51-26    restored to the full amount standing to the member's credit as of
51-27    the date the retirement board found the member eligible for
 52-1    disability retirement, and any prior service credit shall be
 52-2    restored in full.  The member is not required to reimburse the fund
 52-3    for any disability retirement allowance amounts received by the
 52-4    member.
 52-5          Sec. 9.  LIMITATIONS ON BENEFITS.  (a)  Notwithstanding any
 52-6    other provisions of this Act, the annual benefit provided with
 52-7    respect to any member may not exceed [$90,000] the benefits
 52-8    permitted to be provided with a qualified by Section 415 of the
 52-9    Code.
52-10          [(b)  Benefits provided to a member under this Act and under
52-11    any other qualified defined benefit plan or plans maintained by the
52-12    employer shall be aggregated for purposes of determining whether
52-13    the limitations in subsection (a) are met.]  If the aggregate
52-14    benefits otherwise payable to any member under this Act and any
52-15    other defined benefit plan or plans maintained by the employer
52-16    would otherwise exceed the limit[ations] of  [subsection (a)]
52-17    Section 415 of the Code, the reductions in benefits shall be made
52-18    in the benefits provided under this Act, to the extent necessary to
52-19    enable each plan or plans to satisfy those limitations, unless the
52-20    retirement board is informed by the administrator of the other plan
52-21    that the reductions are required to be made in the other plan.
52-22          [(c)  The maximum benefit otherwise permitted under
52-23    subsection (a) or (b) of this section is subject to the following
52-24    adjustments:]
52-25                [(1)  If the annual benefit begins before the member
52-26    attains age 62, the $90,000 limitation, as adjusted, shall be
52-27    reduced in a manner prescribed by the Secretary of the Treasury.
 53-1    However, that adjustment may not reduce the member's annual benefit
 53-2    below $75,000, if the member's benefit begins after age 55, or the
 53-3    actuarial equivalent of $75,000 beginning at age 55 if benefits
 53-4    begin before age 55.]
 53-5                [(2)  If the annual benefit begins after the member
 53-6    attains age 65, the $90,000 limitation, as adjusted, will be
 53-7    increased so that it is the actuarial equivalent of the $90,000
 53-8    limitation at age 65.]
 53-9                [(3)  The portion of a member's benefit that is
53-10    attributable to the member's own after tax contributions is not
53-11    part of the annual benefit subject to the limitations of this
53-12    section.  Instead, the amount of those contributions is treated as
53-13    an annual addition to a qualified defined contribution plan
53-14    maintained by the employer.]
53-15          [(d)  The $90,000 limitation on annual benefits provided by
53-16    this section, but not the $75,000 limitation, shall be adjusted
53-17    annually as provided by Section 415(d) of the Code and the
53-18    regulations prescribed by the Secretary of the Treasury to reflect
53-19    cost of living adjustments.  The adjusted limitation is effective
53-20    as of January 1 of each calendar year.]
53-21          [(e)  The limitation provided by this section for a member
53-22    who has separated from service with a vested right to a pension
53-23    shall be adjusted annually as provided by Section 415(d) of the
53-24    Code and the regulations prescribed by the Secretary of the
53-25    Treasury.]
53-26          [(f)  The following interest rate assumptions shall be used
53-27    in computing the limitations under this section:]
 54-1                [(1)  For the purpose of determining the portion of the
 54-2    annual benefit that is purchased with employee contributions, the
 54-3    interest rate assumption is 120 percent of the federal mid-term
 54-4    rate, as in effect under Section 1274 of the Code, compounded
 54-5    annually.]
 54-6                [(2)  For the purpose of adjusting the annual benefit
 54-7    to a straight life annuity, the interest rate assumption is five
 54-8    percent, unless a different rate is required by the Secretary of
 54-9    the Treasury.]
54-10                [(3)  For the purpose of adjusting the $90,000
54-11    limitation after a member attains age 65, the interest rate
54-12    assumption is five percent, unless a different rate is required by
54-13    the Secretary of the Treasury, and the mortality decrement shall be
54-14    ignored to the extent that a forfeiture does not occur at death.]
54-15          [(g)  For purposes of this section, an adjustment under
54-16    Section 415(d) of the Code may not be taken into account before the
54-17    year for which that adjustment first takes effect.  No adjustment
54-18    is required for the value of qualified joint and survivor annuity
54-19    benefits, preretirement death benefits, post retirement medical
54-20    benefits, or post retirement cost-of-living increases made in
54-21    accordance with Section 415(d) of the Code and Section 1.415-3(c)
54-22    of the Income Tax Regulations.]
54-23          [(h)  This plan may still pay an annual benefit to any member
54-24    in excess of the member's maximum annual benefit otherwise allowed
54-25    if:]
54-26                [(1)  the annual benefit derived from the employer's
54-27    contributions under all qualified plans subject to the limitations
 55-1    of Section 415 of the Code does not in the aggregate exceed $10,000
 55-2    for the year or for any prior year; and]
 55-3                [(2)  the member has not at any time participated in a
 55-4    defined contribution plan maintained by the employer.]
 55-5          [For purposes of this subsection, member contributions under
 55-6    the Act are not considered a separate defined contribution plan
 55-7    maintained by the employer.]
 55-8          [(i)  If a member has less than ten years of creditable
 55-9    service at the time the member begins to receive benefits under the
55-10    Act, the $90,000 limitation, as adjusted, shall be reduced by
55-11    multiplying the limitation by a fraction in which the numerator is
55-12    the number of years of creditable service and the denominator is
55-13    10; provided, however, that the fraction may not be less than
55-14    one-tenth.  If the employee has less than 10 years of employment
55-15    with the employer, the $10,000 limitation of this subsection (h)
55-16    shall be reduced in the same manner as provided in the preceding
55-17    sentence, except the numerator shall be the number of years of
55-18    employment with the employer rather than the number of years of
55-19    creditable service.]
55-20          [(j)  If a member is or has been a member in one or more
55-21    defined contribution plans maintained by the employer, the sum of
55-22    the defined benefit plan fraction and the defined contribution plan
55-23    fraction for any year for which Section 415(e) of the code is in
55-24    effect may not exceed 1.0, as determined in accordance with Section
55-25    415(e) of the code.]
55-26          [(k)  For purposes of subsection (j). the defined benefit
55-27    plan fraction for any year is a fraction in which:]
 56-1                [(1)  the numerator is the projected annual benefit of
 56-2    a member, determined as of the close of the year pursuant to
 56-3    Section 1.415-7(b)(3) of the Income Tax Regulations; and]
 56-4                [(2)  the denominator is the lesser of:]
 56-5                      [(A)  the product of 1.25 and the maximum dollar
 56-6    limitation provided by subsection (a)(1) of this section, as
 56-7    adjusted, for the year; or]
 56-8                      [(B)  the product of 1.4 and the amount that may
 56-9    be taken into account under subsection (a)(2) of this section for
56-10    the year.]
56-11          [(l)  For purposes of subsection (a) of this section, the
56-12    defined contribution plan fraction for any year is a fraction in
56-13    which:]
56-14                [(1)  the numerator is the sum of the annual additions
56-15    to the member's account as of the close of the year; and]
56-16                [(2)  the denominator is the sum of the lesser of the
56-17    following amounts determined for the year and each prior year of
56-18    employment with the employer:]
56-19                      [(A)  the product of 1.25 and the dollar
56-20    limitation in effect under  Section 415(c)(1)(A) of the Code for
56-21    the year, determined without regard to Section 415(c)(6) of the
56-22    Code; or]
56-23                      [(B)  the product of 1.4 and the amount that may
56-24    be taken into account under Section 415(c)(1)(B) of the Code for
56-25    the year.]
56-26          [The annual additions may not be recomputed for years
56-27    beginning before January 1, 1987 to treat all member contributions
 57-1    as annual additions.]
 57-2          [(m)  If the sum of the defined benefit plan fraction and the
 57-3    defined contribution plan fraction exceeds 1.0 in any year for any
 57-4    member, the retirement board shall first request the person or
 57-5    persons responsible for the defined contribution plan or plans, to
 57-6    reduce, the annual additions to the member's account to the extent
 57-7    necessary for that year.  If, after limiting to the extent possible
 57-8    the annual additions to the member's account for the year, the sum
 57-9    of the defined benefit plan fraction and the defined contribution
57-10    plan fraction still exceeds 1.0, the retirement board shall adjust
57-11    the benefits provided under this Act so that the sum of both
57-12    fractions shall not exceed 1.0 in any year for the member.]
57-13          [(n)  For purposes of determining the limits provided by this
57-14    section, all qualified defined benefit plans, whether terminated or
57-15    not, ever maintained by or contributed to by the employer, shall be
57-16    treated as one defined benefit plan, and all qualified defined
57-17    contribution plans, whether terminated or not, ever maintained by
57-18    or contributed to by the employer, shall be treated as one defined
57-19    contribution plan.]
57-20          [(o)  Notwithstanding anything contained in this section to
57-21    the contrary, the limitations, adjustments, and other requirements
57-22    prescribed by this Act shall at all times comply with the
57-23    requirements of Section 415 of the Code and all Regulations
57-24    promulgated under the Code.  If any provision of Section 415 of the
57-25    Code is repealed or is not enforced by the Internal Revenue
57-26    Service, that provision may not reduce the benefits of any member
57-27    after the effective date of the repeal of the provision or during
 58-1    the period in which the provision is not enforced.]
 58-2          (b) [(p)]  A retired member who resumes regular full-time
 58-3    employment with an employer automatically resumes membership as an
 58-4    active contribut[ing]ory member, and the retirement board shall
 58-5    terminate the person's retirement allowance.  The retirement
 58-6    allowance of a retired member who is employed by an employer for a
 58-7    period of more than 6 months in any 12 consecutive calendar months,
 58-8    and who works, is budgeted or is compensated for more than 29 hours
 58-9    in a calendar week, shall be suspended.   When the person again
58-10    retires, the retirement system shall compute the benefit based on
58-11    service before and after the initial retirement.  The resulting
58-12    benefit is reduced actuarially to reflect the value of the benefits
58-13    received before the resumption of full-time employment.
58-14          Sec. 10.  METHOD OF FINANCING.  (a)  Each active-contributory
58-15    member shall make deposits to the retirement system at a rate equal
58-16    to seven percent of the member's base compensation, pay, or salary,
58-17    exclusive of overtime, incentive, or terminal pay, or at a higher
58-18    contribution rate approved by a majority vote of the regular
58-19    full-time employee members.  Deposits shall be made by payroll
58-20    deduction each pay period.  If a regular full-time employee works
58-21    at least 75 percent of a normal 40-hour work week but less than the
58-22    full 40 hours, the employee shall make deposits as though working a
58-23    normal 40-hour work week even though the rate of contribution may
58-24    exceed seven percent of the employee's actual compensation, pay, or
58-25    salary, and the employee's average final compensation shall be
58-26    computed on the basis of the compensation, pay, or salary for a
58-27    normal 40-hour work week.  No deposits may be made nor membership
 59-1    service credit received for periods during which an employee's
 59-2    authorized normal work week is less than seventy-five percent (75%)
 59-3    of a normal 40-hour work week.  A person who is eligible for
 59-4    inactive-contributory membership status and who  chooses to be an
 59-5    inactive-contributory member shall make deposits to the retirement
 59-6    system each pay period in an amount that is equal to the amount of
 59-7    the member's deposit for the last complete pay period that the
 59-8    member was a regular full-time employee [employed by the employer].
 59-9    The regular full-time employee members may, by a majority vote of
59-10    all such members voting at an election to consider [in favor of] an
59-11    increase in contributions, [above seven percent, may] increase each
59-12    member's contributions above seven percent or above such higher
59-13    rate as is then in effect and approved by majority vote, in
59-14    whatever amount the retirement board recommends.  Each employer
59-15    shall contribute amounts equal to seven percent of the
59-16    compensation, pay, or salary of each active-contributory member and
59-17    each inactive-contributory member employed by the employer,
59-18    exclusive of overtime, incentive, or terminal pay. If a regular
59-19    full-time employee of the employer works at least seventy-five
59-20    percent (75%) of a normal 40-hour work week but less than the full
59-21    40 hours, the employer shall make contributions for that employee
59-22    as though that employee works a normal 40-hour work week even
59-23    though the rate of contribution may exceed seven percent of that
59-24    employee's actual compensation, pay, or salary.  The governing body
59-25    of the city may authorize the city to make additional contributions
59-26    to the system in whatever amount the governing body may determine.
59-27    If the governing body authorizes additional contributions to the
 60-1    system by the city for city employees, the board of each other
 60-2    employer may increase the contributions for such employer's
 60-3    respective employees by the same percentage.  Employer
 60-4    contributions shall be made each pay period.
 60-5          (b)  In addition to the contributions by the city required by
 60-6    subsection (a) of this section, the city shall contribute to the
 60-7    retirement fund each month two-thirds of such amounts as are
 60-8    required for the payment of prior service pensions that are payable
 60-9    during that month, and one-third of each prior service pension
60-10    payable that month shall be made from Fund No. 2.
60-11          (c)  Employer contributions shall be paid to the retirement
60-12    system after appropriation by the respective governing body or
60-13    board.
60-14          (d)  Expenses for administration and operation of the
60-15    retirement system that are approved by the retirement board shall
60-16    be paid by the retirement board from funds of the retirement
60-17    system.  Such expenses shall include salaries of retirement board
60-18    employees and fees for actuarial services, legal counsel services,
60-19    physician services, accountant services, annual audits by
60-20    independent certified public accountants, investment manager
60-21    services, investment consultant services, preparation of annual
60-22    reports, and staff assistance.
60-23          (e)  Each employer shall pick up the contributions required
60-24    to be made to the fund by its respective employees.  Active
60-25    contributory member deposits will be picked up by each employer by
60-26    a reduction in each such employee's monetary compensation.  All
60-27    such employee contributions shall be treated as employer
 61-1    contributions in accordance with Section 414(h)(2) of the Code for
 61-2    the purpose of determining tax treatment of the amounts under the
 61-3    Code.  Such contributions are not includable in the gross income of
 61-4    the employee until such time as they are distributed or made
 61-5    available to the employee.  Each employee deposit picked up as
 61-6    provided by this subsection shall be credited to the individual
 61-7    accumulated deposits account of each such employee and shall be
 61-8    treated as compensation of the employee for all other purposes of
 61-9    this Act and for the purpose of determining contributions to social
61-10    security.  The provisions of this subsection shall remain in effect
61-11    as long as the plan covering employees of the employers is a
61-12    qualified retirement plan under Section 401(a) of the Code and its
61-13    related trust is tax exempt under Section 501(a) of the Code.
61-14          (f)  Notwithstanding any contrary provision of this Act, if
61-15    the retirement board first obtains an actuarial study showing how
61-16    the proposed change in benefits will affect the financial condition
61-17    of the fund, and the actuarial study shows the proposed change will
61-18    not make the fund financially unsound, and the proposed change is
61-19    not inconsistent with the Code, the retirement board may provide
61-20    additional member benefits, reduce the requirements for unreduced
61-21    retirement benefits, or increase any retirement allowance or other
61-22    benefit authorized by this Act.
61-23          [(f)] (g)  Under no circumstances and in no event may any of
61-24    the contributions and income of the retirement system revert to the
61-25    employer or otherwise be diverted to or used for any purpose other
61-26    than the exclusive benefit of the members, retirees and their
61-27    beneficiaries.  It shall be impossible for the diversion or use
 62-1    prohibited by the preceding sentence to occur, whether by operation
 62-2    or natural termination of the retirement system, by power of
 62-3    revocation or amendment, by the happening of a contingency, by
 62-4    collateral arrangement, or by any other means.
 62-5          Sec. 11.  INVESTMENTS OF THE RETIREMENT BOARD.  (a)  The
 62-6    retirement board shall be the trustee of the funds of the
 62-7    retirement system and shall have full power in its sole discretion
 62-8    to invest and reinvest, alter, and change the form of investment of
 62-9    the funds.  The retirement board shall invest the funds in whatever
62-10    instrument or investments the retirement board considers prudent.
62-11    In making investments for the funds, the retirement board shall
62-12    discharge its duties:
62-13                (1)  for the exclusive purposes of:
62-14                      (A)  providing benefits to members and their
62-15    beneficiaries; and
62-16                      (B)  defraying reasonable expenses of
62-17    administering the funds;
62-18                (2)  with the care, skill, prudence, and diligence
62-19    under the circumstances then prevailing that a prudent person
62-20    acting in a like capacity and familiar with such matters would use
62-21    in the conduct of an enterprise of a like character and with like
62-22    aims;
62-23                (3)  by diversifying the investments of the funds to
62-24    minimize the risk of large losses, unless under the circumstances
62-25    it is clearly prudent not to do so; and
62-26                (4)  in accordance with the laws, documents, and
62-27    instruments governing the funds.
 63-1          (b)  A member of the retirement board is not liable for any
 63-2    losses incurred in the investment of the fund in accordance with
 63-3    this section.
 63-4          (c)  No member of the retirement board and no employee of the
 63-5    retirement board, except as herein provided, shall have any
 63-6    interest, directly or indirectly, in the funds or receive any pay
 63-7    or emolument for his or her services.  No member of the retirement
 63-8    board or employee thereof shall, directly or indirectly, for
 63-9    himself or herself or as an agent, in any manner use the funds or
63-10    deposits of the retirement system except to make such current and
63-11    necessary payments as are authorized by the retirement board, nor
63-12    shall any member or employee of the retirement board become an
63-13    endorser or surety or in any manner an obligor for money loaned by
63-14    or borrowed from the retirement system.
63-15          (d)  Subject to the exceptions provided by this subsection,
63-16    the funds or money mentioned in this Act are not assignable and are
63-17    not subject to execution, levy, attachment, garnishment, the
63-18    operation of bankruptcy or insolvency law, or any other process of
63-19    law whatsoever.  This subsection does not apply to a qualified
63-20    domestic relations order.  The retirement board shall establish
63-21    written procedures to determine the qualified status of domestic
63-22    relations orders and to administer distributions under those
63-23    orders.  To the extent necessary to authorize distributions
63-24    pursuant to a qualified domestic relations order, a former spouse
63-25    of a member will be treated as the spouse or surviving spouse of
63-26    the member.
63-27          (e)  Subject to the exceptions provided by this subsection,
 64-1    the right of a member to a pension, an annuity, a disability
 64-2    retirement allowance, or a retirement allowance, to the return of
 64-3    accumulated deposits, the pension, annuity, or retirement allowance
 64-4    itself, any optional benefit or death benefits, or any other right
 64-5    accrued or accruing to any person under the provisions of this Act,
 64-6    is unassignable and is not subject to execution, levy, attachment,
 64-7    garnishment, the operation of bankruptcy or insolvency law, or any
 64-8    other process of law whatsoever.  This subsection does not apply to
 64-9    a qualified domestic relations order.
64-10          (f)  If the retirement board makes an election to have
64-11    Subchapters A and C of Chapter 804, Texas Government Code, and
64-12    their subsequent amendments, apply to the system, the death of an
64-13    alternate payee, as defined by Section 804.001, Texas Government
64-14    Code, and its subsequent amendments, or the death of a member's
64-15    spouse terminates any interest of the alternate payee or spouse
64-16    that would otherwise exist under this Act, except an interest
64-17    accrued by that person as a member.
64-18          Sec. 12.  MISCELLANEOUS.  (a)  A person who with intent to
64-19    deceive makes any statement or report required under this Act which
64-20    is untrue or falsifies or knowingly permits to be falsified any
64-21    record or records of the retirement system shall forfeit any office
64-22    or rights held by the person under the system, and such deception,
64-23    falsification, or acquiescence in falsification is deemed a Class B
64-24    misdemeanor.
64-25          (b)  If any change or error in the records of the retirement
64-26    system is discovered or results in any member, surviving spouse, or
64-27    beneficiary receiving from the retirement system more or less than
 65-1    the member, surviving spouse, or beneficiary would have been
 65-2    entitled to receive had the records been correct, the retirement
 65-3    board shall have the power to correct such error and as far as
 65-4    possible to adjust the payments in such a manner that the actuarial
 65-5    equivalent of the benefits to which the member, surviving spouse,
 65-6    or beneficiary was correctly entitled shall be paid.
 65-7          (c)  On the full or partial termination of the retirement and
 65-8    pensioning system, or on the complete discontinuance of
 65-9    contributions by all employers under this Act, the retirement
65-10    allowance of each affected member who is employed by an employer on
65-11    the date of termination is determined by reference to the member's
65-12    average final compensation and creditable service determined as of
65-13    the date of termination or partial termination of the system or the
65-14    date of discontinuance of deposits as if the member had attained
65-15    normal retirement age on that date, and such amount shall become
65-16    nonforfeitable to the extent then funded.  This subsection does not
65-17    accelerate the date on which the payment of that benefit would
65-18    otherwise begin.
65-19          [(d)  Notwithstanding any other provision in this Act to the
65-20    contrary, in the event of a termination of the retirement and
65-21    pensioning system, the benefit of any highly compensated employee
65-22    or former employee is limited to a benefit that is
65-23    nondiscriminatory under Section 401(a)(4) of the Code.  Benefits
65-24    distributed to any of the twenty-five (25) most highly compensated
65-25    active and former highly compensated employees are restricted such
65-26    that the annual payments are no greater than an amount equal to the
65-27    payment that would be made on behalf of an employee under a single
 66-1    life annuity that is the actuarial equivalent of the sum of the
 66-2    employee's accrued benefit and the employee's other benefits under
 66-3    the plan.  The preceding sentence shall not apply if:  (1) after
 66-4    payment of the benefit to an employee described in that sentence,
 66-5    the value of plan assets equals or exceeds 110%  of the value of
 66-6    the current liabilities, as defined in Section 412(l)(7) of the
 66-7    Code, or (2) the value of the benefits for an employee described in
 66-8    that paragraph is less than one percent (1%) of the value of
 66-9    current liabilities.  For purposes of this subsection, benefit
66-10    includes loans in excess of the amount set forth in Section
66-11    72(p)(2)(A) of the Code, any periodic income, any withdrawal values
66-12    payable to a living employee and any death benefits not provided
66-13    for by insurance on the employee's life.]
66-14          [(e)] (d)  Notwithstanding any provision of this Act to the
66-15    contrary that would otherwise limit a distributee's election, a
66-16    distributee may elect, at the time and in the manner prescribed by
66-17    the retirement board, to have any portion of an eligible rollover
66-18    distribution paid directly to an eligible retirement plan specified
66-19    by the distributee in a direct rollover.
66-20          For purposes of this Subsection [(e)] (d) of this Section:
66-21                (1)  An eligible rollover distribution is any
66-22    distribution of all or any portion of the balance to the credit of
66-23    the distributee, except that an eligible rollover distribution does
66-24    not include:  (1) any distribution that is one of a series of
66-25    substantially equal periodic payments (not less frequently than
66-26    annually) made over the life (or life expectancy) of the
66-27    distributee or the joint lives (or joint life expectancies) of the
 67-1    distributee and the distributee's designated beneficiary; (2) any
 67-2    series of payments for a specified period of ten years or more; (3)
 67-3    any distribution to the extent such distribution is required under
 67-4    Section 401(a)(9) of the Code; or (4) the portion of any
 67-5    distribution that is not includable in gross income (determined
 67-6    without regard to the exclusion for net unrealized appreciation
 67-7    with respect to employer securities).
 67-8                (2)  An "eligible retirement plan" is an individual
 67-9    retirement account described in Section 408(a) of the Code, an
67-10    individual retirement annuity described in Section 408(b) of the
67-11    Code, an annuity plan described in Section 403(a) of the Code, or a
67-12    qualified trust described in Section 401(a) of the Code, that
67-13    accepts the distributee's eligible rollover distribution.  However,
67-14    in the case of an eligible rollover distribution to the surviving
67-15    spouse, an eligible retirement plan is an individual retirement
67-16    account or individual retirement annuity only.
67-17                (3)  A "distributee" includes an employee or former
67-18    employee.  In addition, the employee's or former employee's
67-19    surviving spouse and the employee's or former employee's spouse or
67-20    former spouse who is the alternate payee under a qualified domestic
67-21    relations order, as defined in Section 414(p) of the Code, are
67-22    distributees with regard to the interest of the spouse or the
67-23    former spouse.
67-24                (4)  A "direct rollover" is a payment by the retirement
67-25    system to the eligible retirement plan specified by the
67-26    distributee.
67-27          [(f)] (e)  (1)  A retirement allowance being paid to a member
 68-1    of the retirement system created by Chapter 451, Acts of the 72nd
 68-2    Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
 68-3    Civil Statutes), who retired before October 1, 199[7]9, or to a
 68-4    beneficiary of such a member of that system, is changed beginning
 68-5    with the payments due at the end of October, 199[7]9.
 68-6                (2)  This change is made to reflect the change in the
 68-7    benefit multiplier  to [2.6] 2.7 percent effective October 199[7]9.
 68-8    The amount of the change for a member or a beneficiary of a member
 68-9    is equal to the percentage multiplied by the retirement allowance
68-10    otherwise due.  The percentage is equal to [13.04] 3.85 percent.
68-11          [(g)  (1)  The changes in law made by H.B. 2799, Acts of the
68-12    73rd Legislature, Regular Session, 1993, to Section 5(e), Chapter
68-13    451, Acts of the 72nd Legislature, Regular Session, 1991 (Article
68-14    6243n, Vernon's Texas Civil Statutes), permit a member who, before
68-15    July 1, 1993, reinstated any portion of the member's membership
68-16    service or prior service under a city ordinance that was in effect
68-17    before July 1, 1993, to reinstate any membership service or prior
68-18    service to which the member was not entitled to reinstate under
68-19    that city ordinance.]
68-20                [(2)  The changes in law made by H.B. 2799, Acts of the
68-21    73rd Legislature, Regular Session, 1993, to Section 7, Chapter 451,
68-22    Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n,
68-23    Vernon's Texas Civil Statutes), apply only to an option election or
68-24    beneficiary designation made on or after July 1, 1993 is as
68-25    governed by the law in effect at the time the election or
68-26    designation was made, and that law is continued in effect for this
68-27    purpose only.]
 69-1          Sec. 13.  CONFIDENTIALITY.  (a)  Information contained in
 69-2    records that are in the custody of the retirement board or the
 69-3    system concerning an individual member, retiree, annuitant,
 69-4    beneficiary, or alternate payee is confidential under this Section
 69-5    [14] and may not be disclosed in a form identifiable with a
 69-6    specific individual unless:
 69-7                (1)  the information is disclosed to:
 69-8                      (A)  the individual or the individual's attorney,
 69-9    guardian, executor, administrator, conservator, or other person who
69-10    the pension [officer] director determines is acting in the interest
69-11    of the individual or the individual's estate;
69-12                      (B)  a spouse or former spouse of the individual
69-13    if the pension [officer] director determines that the information
69-14    is relevant to the spouse's or former spouse's interest in member
69-15    accounts, benefits, or other amounts payable by the retirement
69-16    system;
69-17                      (C)  a governmental official or employee if the
69-18    pension [officer] director determines that disclosure of the
69-19    information requested is reasonably necessary to the performance of
69-20    the duties of the official or employee;
69-21                      (D)  the individual's employer as defined in this
69-22    Act; or
69-23                      (E)  a person authorized by the individual in
69-24    writing to receive the information; or
69-25                (2)  the information is disclosed pursuant to a
69-26    subpoena and the pension [officer] director determines that the
69-27    individual will have a reasonable opportunity to contest the
 70-1    subpoena.
 70-2          (b)  This section does not prevent the disclosure of the
 70-3    status or identity of an individual as a member, former member,
 70-4    retiree, deceased member or retiree, beneficiary, or alternate
 70-5    payee of the retirement system.
 70-6          (c)  The pension [officer] director may designate other
 70-7    employees of the retirement system to make the necessary
 70-8    determinations under Subsection (a).
 70-9          (d)  A determination and disclosure under Subsection (a) may
70-10    be made without notice to the individual member, retiree,
70-11    annuitant, beneficiary, or alternate payee.
70-12          Sec. 14.  SEVERABILITY.  If any provision, section, part,
70-13    subsection, sentence, clause, phrase, or paragraph of this Act is
70-14    declared invalid or unconstitutional, the same shall not affect any
70-15    other portion or provision hereof and all other provisions shall
70-16    remain valid and unaffected by any invalid portion, if any.
70-17          Sec. 15.  SAVINGS CLAUSE.  The provisions of this Act shall
70-18    be cumulative of and in addition to all laws relating to pensions,
70-19    which laws are hereby preserved and continued in full force and
70-20    effect, provided that in the event of conflict, expressly excluding
70-21    any statutes relating to federal tax exemption, the provisions of
70-22    this Act control, and employee pensions in a city covered by this
70-23    Act shall be administered in accordance with this Act.
70-24          SECTION 2.  Except as provided by Section 7 of this Act, this
70-25    Act takes effect October 1, 199[7]9.
70-26          SECTION 3.  The importance of this legislation and the
70-27    crowded condition of the calendars in both houses create an
 71-1    emergency and an imperative public necessity that the
 71-2    constitutional rule requiring bills to be read on three several
 71-3    days in each house be suspended, and this rule is hereby suspended.