By: Barrientos S.B. No. 429
A BILL TO BE ENTITLED
AN ACT
1-1 relating to participation in, contributions to, and benefits and
1-2 administration of retirement systems for police officers in certain
1-3 municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.02, Chapter 452, Acts of the 72nd
1-6 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 3.02. COMPOSITION OF BOARD. (a) The police retirement
1-9 board shall be composed of 11 members as follows:
1-10 (1) one council member designated by the city council;
1-11 (2) the city manager or the city manager's designee;
1-12 (3) the director of finance or the director's
1-13 designee;
1-14 (4) five [four] police officer members elected by the
1-15 police officer members of the system, each of whom serves [to
1-16 serve] for a term of four years[. Vacancies occurring by death,
1-17 resignation, disability retirement, removal, or any other reason
1-18 except retirement shall be filled for the remainder of the term by
1-19 a police officer member appointed by the board; a police officer
1-20 member who retires, except for disability retirement, will be
1-21 eligible to complete the remainder of the member's term];
1-22 (5) one [three] legally qualified voter [voters] of
1-23 the city, resident for the preceding five years, to be appointed by
1-24 the police retirement board to serve for a[. The] term of [office
2-1 of citizen members shall be] four years[,] and [each member shall
2-2 continue to serve] until the member's successor is duly selected
2-3 and qualified[. Vacancies occurring by death, resignation, or
2-4 removal shall be filled by appointment by the remaining members of
2-5 the police retirement board]; and
2-6 (6) two [one] retired members [member] to be elected
2-7 by the retired members to serve for a[. The] term of [office of
2-8 such member shall be] four years, with the term of one member
2-9 expiring each odd-numbered year[. Such member shall continue to
2-10 serve until the member's successor is duly elected and qualified.
2-11 Vacancies occurring by death, resignation, or removal of such
2-12 retired member shall be filled by election by the retired members].
2-13 (b) The terms of two members elected as described by
2-14 Subsection (a)(4) of this section expire in 2001 and every fourth
2-15 subsequent year, and the terms of three members elected as
2-16 described by Subsection (a)(4) of this section expire in 2003 and
2-17 every fourth subsequent year.
2-18 (c) A vacancy occurring by the death, resignation, or
2-19 removal of the member appointed under Subsection (a)(5) of this
2-20 section shall be filled by appointment by the remaining members of
2-21 the police retirement board.
2-22 SECTION 2. Section 3.03, Chapter 452, Acts of the 72nd
2-23 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
2-24 Civil Statutes), is amended to read as follows:
2-25 Sec. 3.03. [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
2-26 OF BOARD. (a) The police officer members of the board shall be
3-1 elected and shall serve in accordance with Subsections (b)-(e) of
3-2 this section. [the following provisions:]
3-3 (b) [(1)] Any police officer member is [shall be] eligible
3-4 to run in the election for a position on the board.
3-5 (c) [(2) Terms of office shall be four years.] Members
3-6 shall serve during the term for which they are elected and until
3-7 their successors are elected and qualified, unless they are removed
3-8 or their active service as police officers with the city is
3-9 terminated for any reason other than service retirement. If a
3-10 police officer member should elect service retirement under Article
3-11 VI of this Act while serving the term for which the member is
3-12 elected, the member shall continue to serve for the remainder of
3-13 the term.
3-14 (d) [(3)] A vacancy occurring by reason of removal,
3-15 resignation, death, or any other reason [except retirement] shall
3-16 be filled for the remainder of the term by a police officer member
3-17 appointed by the remaining members of the police retirement board.
3-18 (e) [(4) No later than the first day of November of each
3-19 odd-numbered year, the board shall appoint an election committee.
3-20 The election committee shall prepare the ballot containing the
3-21 names of all eligible candidates.]
3-22 [(5) The election committee shall publish a notice at
3-23 least two weeks prior to the election date, informing all police
3-24 officer members of the election and the names of the police officer
3-25 members who have been certified as candidates.]
3-26 [(6)] Elections for police officer members shall be
4-1 held on the first payday in December of each odd-numbered year.
4-2 The police officers receiving the highest number of votes are
4-3 [shall be deemed] elected. In case of a tie vote, selection shall
4-4 be by lot[.]
4-5 [(7) The election committee shall canvass the returns,
4-6 certify the results, and announce the official results of the
4-7 election.]
4-8 [(8) The police retirement board shall approve written
4-9 procedures for the conduct of the election no later than August 1
4-10 of each odd-numbered year].
4-11 (f) The retired members of the board shall be elected and
4-12 shall serve in accordance with Subsections (g)-(j) of this section.
4-13 (g) Any retired member is eligible to run in the election
4-14 for a position on the board.
4-15 (h) Retired members shall serve during the term for which
4-16 they are elected and until their successors are elected and
4-17 qualified.
4-18 (i) A vacancy occurring by reason of removal, resignation,
4-19 or death shall be filled for the remainder of the term by a retired
4-20 member appointed by the vote of a majority of the remaining members
4-21 of the police retirement board.
4-22 (j) An election for retired members shall be held during the
4-23 first week in December of each odd-numbered year. The retired
4-24 member receiving the highest number of votes in an election is
4-25 elected. In case of a tie vote, selection shall be by lot.
4-26 (k) The police retirement board shall approve written
5-1 procedures for the conduct of all elections under this Act and
5-2 shall certify and announce the results of each election.
5-3 SECTION 3. Section 5.02, Chapter 452, Acts of the 72nd
5-4 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-5 Civil Statutes), is amended by adding Subsection (c) to read as
5-6 follows:
5-7 (c) A member may not receive credit under this section for
5-8 military service for which the person is receiving or is eligible
5-9 to receive federal retirement payments based on 20 years or more of
5-10 active military service or its equivalent by the member or for
5-11 which the member has received credit in any other public retirement
5-12 system or program established under the laws of this state.
5-13 SECTION 4. Subsection (a), Section 5.04, Chapter 452, Acts
5-14 of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1,
5-15 Vernon's Texas Civil Statutes), is amended to read as follows:
5-16 (a) This section does not take effect unless the city
5-17 council [irrevocably] authorizes the city to begin making
5-18 contributions to the police retirement system in accordance with
5-19 Section 8.01(a) of this Act for police cadets during their
5-20 employment as cadets while members of a cadet class. Police cadets
5-21 whose cadet class begins after the city council makes the
5-22 [irrevocable] authorization shall make deposits to the police
5-23 retirement system in accordance with Section 8.01(a) of this Act,
5-24 and those cadets shall be members of the police retirement system
5-25 and shall receive creditable service for employment as cadets while
5-26 members of a cadet class, notwithstanding Sections 1.02(7), (18),
6-1 and (21) of this Act.
6-2 SECTION 5. Subsections (a) and (b), Section 6.07, Chapter
6-3 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article
6-4 6243n-1, Vernon's Texas Civil Statutes), are amended to read as
6-5 follows:
6-6 (a) The retroactive deferred retirement option plan,
6-7 referred to as RETRO DROP, is an option a member eligible for
6-8 service retirement based on 25 years of creditable service,
6-9 excluding any military service established under Section 5.02 of
6-10 this Act, [under Section 6.02 of this Act] may elect at retirement
6-11 subject to the conditions of this section. A member who elects
6-12 RETRO DROP receives a lump sum and a monthly retirement benefit.
6-13 (b) The member shall select the RETRO DROP benefit
6-14 computation date. The date:
6-15 (1) must be the last day of the month used for the
6-16 purpose of determining the monthly retirement benefit;
6-17 (2) may not precede the date the member first became
6-18 eligible for service retirement based on 25 years of creditable
6-19 service, excluding [normal retirement date as defined by Section
6-20 1.02(19) of this Act, except that for purposes of this subsection,
6-21 creditable service does not include] any military service credit
6-22 established under Section 5.02 of this Act; and
6-23 (3) may not precede the date of retirement by more
6-24 than 36 months.
6-25 SECTION 6. The changes in law made by this Act in the
6-26 composition of the police retirement board in certain
7-1 municipalities apply to each vacancy on the board by an elected or
7-2 citizen member of the board that occurs on or after the effective
7-3 date of this Act.
7-4 SECTION 7. This Act takes effect September 1, 1999.
7-5 SECTION 8. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended.