By Barrientos S.B. No. 429
76R5298 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation in, contributions to, and benefits and
1-3 administration of retirement systems for police officers in certain
1-4 municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article II, Chapter 452, Acts of the 72nd
1-7 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-8 Civil Statutes), is amended by adding Section 2.04 to read as
1-9 follows:
1-10 Sec. 2.04. AGREEMENT MAY NOT SUPERSEDE THIS ACT.
1-11 Notwithstanding anything contained in Local Government Code Section
1-12 143.307, an agreement between a public employer and an association
1-13 under Subchapter I, Chapter 143, Local Government Code, may not
1-14 supersede or preempt any provision of this Act, nor may any such
1-15 agreement increase, diminish, or qualify any right, benefit,
1-16 privilege, or obligation under this Act.
1-17 SECTION 2. Section 3.02, Chapter 452, Acts of the 72nd
1-18 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-19 Civil Statutes), is amended to read as follows:
1-20 Sec. 3.02. COMPOSITION OF BOARD. The police retirement
1-21 board shall be composed of 11 members as follows:
1-22 (1) one council member designated by the city council;
1-23 (2) the city manager or the city manager's designee;
1-24 (3) the director of finance or the director's
2-1 designee;
2-2 (4) four police officer members elected by the police
2-3 officer members of the system, each of whom [to] serve for a term
2-4 of four years, with the terms of two members expiring each
2-5 odd-numbered year[. Vacancies occurring by death, resignation,
2-6 disability retirement, removal, or any other reason except
2-7 retirement shall be filled for the remainder of the term by a
2-8 police officer member appointed by the board; a police officer
2-9 member who retires, except for disability retirement, will be
2-10 eligible to complete the remainder of the member's term];
2-11 (5) two [three] legally qualified voters of the city,
2-12 resident for the preceding five years, to be appointed by the
2-13 police retirement board. The term of office of citizen members
2-14 shall be four years, and each member shall continue to serve until
2-15 the member's successor is duly selected and qualified. Vacancies
2-16 occurring by death, resignation, or removal shall be filled by
2-17 appointment by the remaining members of the police retirement
2-18 board; and
2-19 (6) two retired members [one retired member] to be
2-20 elected by the retired members. The term of office of each [such]
2-21 retired member shall be four years, with the term of one member
2-22 expiring each odd-numbered year. [Such member shall continue to
2-23 serve until the member's successor is duly elected and qualified.
2-24 Vacancies occurring by death, resignation, or removal of such
2-25 retired member shall be filled by election by the retired members.]
2-26 SECTION 3. Section 3.03, Chapter 452, Acts of the 72nd
2-27 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
3-1 Civil Statutes), is amended to read as follows:
3-2 Sec. 3.03. [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
3-3 OF THE BOARD. (a) The police officer members of the board shall
3-4 be elected and shall serve in accordance with the following
3-5 provisions:
3-6 (1) Any police officer member shall be eligible to run
3-7 in the election for a position on the board.
3-8 (2) [Terms of office shall be four years.] Members
3-9 shall serve during the term for which they are elected and until
3-10 their successors are elected and qualified, unless they are removed
3-11 or their active service as police officers with the city is
3-12 terminated for any reason other than service retirement. If a
3-13 police officer member should elect service retirement under Article
3-14 VI of this Act while serving the term for which the member is
3-15 elected, the member shall continue to serve for the remainder of
3-16 the term.
3-17 (3) A vacancy occurring by reason of removal,
3-18 resignation, death, or any other reason [except retirement] shall
3-19 be filled for the remainder of the term by a police officer member
3-20 appointed by the remaining members of the police retirement board.
3-21 [(4) No later than the first day of November of each
3-22 odd-numbered year, the board shall appoint an election committee.
3-23 The election committee shall prepare the ballot containing the
3-24 names of all eligible candidates.]
3-25 [(5) The election committee shall publish a notice at
3-26 least two weeks prior to the election date, informing all police
3-27 officer members of the election and the names of the police officer
4-1 members who have been certified as candidates.]
4-2 (4) [(6)] Elections for police officer members shall
4-3 be held on the first payday in December of each odd-numbered year.
4-4 The police officers receiving the highest number of votes shall be
4-5 deemed elected. In case of a tie vote, selection shall be by lot.
4-6 [(7) The election committee shall canvass the returns,
4-7 certify the results, and announce the official results of the
4-8 election.]
4-9 [(8) The police retirement board shall approve written
4-10 procedures for the conduct of the election no later than August 1
4-11 of each odd-numbered year.]
4-12 (b) The retired members of the board shall be elected and
4-13 shall serve in accordance with the following provisions:
4-14 (1) Any retired member shall be eligible to run in the
4-15 election for a position on the board.
4-16 (2) Retired members shall serve during the term for
4-17 which they are elected and until their successors are elected and
4-18 qualified.
4-19 (3) A vacancy occurring by reason of removal,
4-20 resignation, or death shall be filled for the remainder of the term
4-21 by a retired member appointed by the vote of a majority of the
4-22 remaining members of the police retirement board.
4-23 (4) Elections for retired members shall be held during
4-24 the first week in December of each odd-numbered year. The retired
4-25 member receiving the highest number of votes in an election shall
4-26 be deemed elected. In case of a tie vote, selection shall be by
4-27 lot.
5-1 (c) The police retirement board shall approve written
5-2 procedures for the conduct of all elections hereunder and shall
5-3 certify and announce the results of each election.
5-4 SECTION 4. Section 5.04(a), Chapter 452, Acts of the 72nd
5-5 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-6 Civil Statutes), is amended to read as follows:
5-7 (a) This section does not take effect unless the city
5-8 council [irrevocably] authorizes the city to begin making
5-9 contributions to the police retirement system in accordance with
5-10 Section 8.01(a) of this Act for police cadets during their
5-11 employment as cadets while members of a cadet class. Police cadets
5-12 whose cadet class begins after the city council makes the
5-13 [irrevocable] authorization shall make deposits to the police
5-14 retirement system in accordance with Section 8.01(a) of this Act,
5-15 and those cadets shall be members of the police retirement system
5-16 and shall receive creditable service for employment as cadets while
5-17 members of a cadet class, notwithstanding Sections 1.02(7), (18),
5-18 and (21) of this Act.
5-19 SECTION 5. Section 6.07, Chapter 452, Acts of the 72nd
5-20 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-21 Civil Statutes), is amended by amending Subsections (a) and (b) to
5-22 read as follows:
5-23 (a) The retroactive deferred retirement option plan,
5-24 referred to as RETRO DROP, is an option a member eligible for
5-25 service retirement based on 25 years of creditable service
5-26 (excluding any military service established under Section 5.02 of
5-27 this Act) [under Section 6.02 of this Act] may elect at retirement
6-1 subject to the conditions of this section. A member who elects
6-2 RETRO DROP receives a lump sum and a monthly retirement benefit.
6-3 (b) The member shall select the RETRO DROP benefit
6-4 computation date. The date:
6-5 (1) must be the last day of the month used for the
6-6 purpose of determining the monthly retirement benefit;
6-7 (2) may not precede the date the member first became
6-8 eligible for service retirement based on 25 years of creditable
6-9 service excluding [normal retirement date as defined by Section
6-10 1.02(19) of this Act, except that for purposes of this subsection,
6-11 creditable service does not include] any military service credit
6-12 established under Section 5.02 of this Act; and
6-13 (3) may not precede the date of retirement by more
6-14 than 36 months.
6-15 SECTION 6. This Act takes effect on September 1, 1999.
6-16 SECTION 7. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.