1-1     By:  Madla                                             S.B. No. 455
 1-2           (In the Senate - Filed February 10, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; March 8, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     March 8, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 455                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the retirement system for firefighters and police
1-11     officers in certain municipalities.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 1.05, Chapter 824, Acts of the 73rd
1-14     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
1-15     Civil Statutes), is amended to read as follows:
1-16           Sec. 1.05.  EXEMPTIONS.  (a) An amount payable [A retirement
1-17     annuity] from the fund is exempt from garnishment, assignment,
1-18     attachment, judgments, other legal process, and inheritance or
1-19     other taxes established by this state.
1-20           (b)  Fund assets are exempt from attachment, execution,
1-21     alienation, and forced sale.  A judgment lien or abstract of
1-22     judgment may not be filed or perfected against the fund on fund
1-23     assets.  A judgment lien or abstract of judgment filed against the
1-24     fund on fund assets is void.
1-25           SECTION 2.  Subsection (a), Section 2.04, Chapter 824, Acts
1-26     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
1-27     Vernon's Texas Civil Statutes), is amended to read as follows:
1-28           (a)  The board shall elect from [among] the trustees a
1-29     presiding officer [chairman], an assistant presiding officer [a
1-30     vice-chairman], and a secretary.
1-31           SECTION 3.  Subsection (a), Section 2.06, Chapter 824, Acts
1-32     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
1-33     Vernon's Texas Civil Statutes), is amended to read as follows:
1-34           (a)  The board shall hold regular monthly meetings and
1-35     special meetings at the call of the presiding officer [chairman] or
1-36     on written demand by a majority of the members of the board.
1-37           SECTION 4.  Subsection (a), Section 2.07, Chapter 824, Acts
1-38     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
1-39     Vernon's Texas Civil Statutes), is amended to read as follows:
1-40           (a)  The presiding officer [chairman] of the board may
1-41     appoint committees that report to the board.
1-42           SECTION 5.  Section 3.01, Chapter 824, Acts of the 73rd
1-43     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
1-44     Civil Statutes), is amended to read as follows:
1-45           Sec. 3.01.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The
1-46     board has complete authority and power to:
1-47                 (1)  administer the fund for the exclusive benefit of
1-48     all members, retirees, and beneficiaries;
1-49                 (2)  order payments from the fund as required by this
1-50     Act;
1-51                 (3)  control the fund independently;
1-52                 (4)  conduct all litigation on behalf of the fund; and
1-53                 (5)  purchase with fund assets from one or more
1-54     insurers licensed to do business in this state one or more
1-55     insurance policies that provide for reimbursement of the fund and
1-56     any trustee, officer, or employee of the board for liability
1-57     imposed or damages because of an alleged act, error, or omission
1-58     committed in the trustee's, officer's, or employee's capacity as a
1-59     fiduciary officer or employee [of assets] of the fund and for costs
1-60     and expenses incurred as a trustee, officer, or employee in defense
1-61     of a claim for an alleged act, error, or omission, as long as the
1-62     insurance policy does not provide for reimbursement of a trustee,
1-63     officer, or employee for liability imposed or expenses incurred
1-64     because of the trustee's, officer's, or employee's personal
 2-1     dishonesty, fraud, lack of good faith, or intentional failure to
 2-2     act prudently.
 2-3           (b)  If the insurance coverage described by Subsection (a)(5)
 2-4     of this section is insufficient or is not in effect, the board may
 2-5     indemnify a person for liability, damages, and reasonable legal
 2-6     expenses that result from an alleged act, error, or omission
 2-7     occurring in the person's capacity as a trustee, officer, or
 2-8     employee of the fund without regard to the time of the occurrence
 2-9     of the allegation or  whether the person continues to serve in that
2-10     capacity.  The board may not indemnify an individual because of the
2-11     individual's dishonesty, fraudulent act, lack of good faith, or
2-12     intentional failure to act prudently.
2-13           (c)  Indemnification under Subsection (b) of this section
2-14     shall be determined by a majority vote of trustees who are not the
2-15     subject of the indemnification.  The board may adopt a policy for
2-16     the presentation, approval, and payment of indemnification claims
2-17     covered under Subsection (b) of this section.
2-18           (d)  The board shall adopt rules necessary for the board's
2-19     effective operation, including rules relating to:
2-20                 (1)  the disbursement of the fund's assets;
2-21                 (2)  the designation of beneficiaries of the fund; and
2-22                 (3)  the name of the board and the fund.
2-23           (e) [(c)]  The board shall report annually to the governing
2-24     body of the municipality regarding the condition of the fund and
2-25     the receipts and disbursements of the fund.
2-26           SECTION 6.  Subsection (d), Section 3.02, Chapter 824, Acts
2-27     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
2-28     Vernon's Texas Civil Statutes), is amended to read as follows:
2-29           (d)  The presiding officer [chairman] of the board may issue
2-30     process for witnesses, administer oaths to those witnesses, and
2-31     examine any witness in any manner affecting retirement or a benefit
2-32     under this Act.  The process for witnesses may be served on any
2-33     member of the fire or police department or any other person the
2-34     board considers to be an appropriate person.  On the failure of any
2-35     witness to attend and testify, that person may be compelled to
2-36     attend and testify as in any judicial proceeding.
2-37           SECTION 7.  Section 3.03, Chapter 824, Acts of the 73rd
2-38     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
2-39     Civil Statutes), is amended to read as follows:
2-40           Sec. 3.03.  ORDERS FOR DISBURSEMENTS OF BENEFITS.  (a)  The
2-41     board shall issue orders for disbursements signed by the presiding
2-42     officer [chairman] or assistant presiding officer [vice-chairman]
2-43     of the board and the secretary of the board to the appropriate
2-44     persons.  The order shall state the purposes for the payments.  The
2-45     board shall keep a record of those orders.
2-46           (b)  Disbursements may not be made without a record vote of
2-47     the board.
2-48           (c)  Each member, retiree, and beneficiary shall provide bank
2-49     depository information to the board so that the board can disburse
2-50     benefits by electronic transfer.
2-51           (d)  The board may reduce the amount of a benefit to which a
2-52     retiree or beneficiary is otherwise entitled in order to reimburse
2-53     the fund for an overpayment or incorrect payment of benefits to the
2-54     retiree or beneficiary.
2-55           SECTION 8.  Section 5.01, Chapter 824, Acts of the 73rd
2-56     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
2-57     Civil Statutes), is amended by amending Subsections (d), (e), and
2-58     (f) and adding Subsection (g) to read as follows:
2-59           (d)  The board shall compute the retirement annuity of a
2-60     member who retires after September 30, 1997, but before October 1,
2-61     1999, at the rate of two percent of the member's average total
2-62     salary for each of the first 20 years of service, plus four percent
2-63     of average total salary for each of the next 10 years of service,
2-64     plus one percent of average total salary for each of the next five
2-65     years of service, with fractional years of service prorated based
2-66     on full months served as a contributing member.  In making the
2-67     computation for a year, the year is considered to begin on the
2-68     first day a contribution is made.  A retirement annuity under this
2-69     subsection may not exceed, as of the date of retirement, 85 percent
 3-1     of the member's average total salary.
 3-2           (e)  The board shall compute the retirement annuity of a
 3-3     member who retires after September 30, 1999, at the rate of 2-1/8
 3-4     percent of the member's average total salary for each of the first
 3-5     20 years of service, plus four percent of the member's average
 3-6     total salary for each of the next 10 years of service, plus one
 3-7     percent of the member's average total salary for each of the next
 3-8     five years of service, with fractional years of service prorated
 3-9     based on full months served as a contributing member.  In making
3-10     the computation for a year, the year is considered to begin on the
3-11     first day a contribution is made.  A retirement annuity under this
3-12     subsection may not exceed, as of the date of retirement, 87-1/2
3-13     percent of the member's average total salary.
3-14           (f)  A member may not receive an award from the fund for
3-15     service retirement until the member has at least 20 years of
3-16     service in the fire or police department and has also contributed
3-17     the required amount of money for at least 20 years.  In determining
3-18     the number of years of service in a department, the member shall be
3-19     given full credit for the period the member was an active member
3-20     plus the time the member was actively engaged in service with any
3-21     uniformed service in accordance with Section 4.03 of this Act and
3-22     for absences taken under the Family and Medical Leave Act (29
3-23     U.S.C. Section 2601 et seq.), in accordance with Section 4.02 of
3-24     this Act.  Disciplinary suspensions of 15 days or less may not be
3-25     subtracted from a member's service credit under this Act if the
3-26     member has paid into the fund, within 30 days after the later of
3-27     the termination date of each suspension or the exhaustion of any
3-28     appeal with respect to the suspension, a sum of money equal to the
3-29     amount of money that would have been deducted from that person's
3-30     salary during that period of suspension if it had not been for that
3-31     suspension.  A municipality to which this Act applies shall
3-32     double-match a payment made under this subsection.  Members of the
3-33     fund at the time of their retirement shall also receive service
3-34     credit for all unused sick leave accumulated by them under Chapter
3-35     143, Local Government Code, but only to the extent the unused sick
3-36     leave exceeds 90 days.  Service credit for unused sick leave shall
3-37     be prorated based on each full month of sick leave.
3-38           (g) [(f)]  All monthly pensions being paid by the fund to
3-39     retirees who retired before October 1, 1989, are increased,
3-40     effective with the first monthly payment due on or after October 1,
3-41     1999 [1997].  The amount of the increase depends on the fiscal year
3-42     ending September 30 in which the retiree retired and is a
3-43     percentage of the pension payment that would have been payable on
3-44     October 1, 1999 [1997], except for this increase.  The amount of
3-45     the percentage increase is [set forth in the following schedule]:
3-46        Municipality Fiscal Year                    Percentage
3-47              of Retirement                          Increase
3-48                  1988                                  1.0%
3-49                  1987                                  2.0%
3-50                  1986                                  3.0%
3-51                  1985                                  4.0%
3-52                  1984                                  5.0%
3-53                  1983                                  6.0%
3-54                  1982                                  7.0%
3-55                  1981                                  8.0%
3-56                  1980                                  9.0%
3-57             1979 or earlier                           10.0%
3-58           SECTION 9.  Subsection (b), Section 5.015, Chapter 824, Acts
3-59     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
3-60     Vernon's Texas Civil Statutes), is amended to read as follows:
3-61           (b)  The Back DROP election:
3-62                 (1)  results in a lump-sum payment for a number of full
3-63     months of service elected by the member that does not exceed the
3-64     lesser of the number of months of service credit the member has in
3-65     excess of 20 years or 36 [24] months; [and]
3-66                 (2)  is available only to a member who takes a service
3-67     retirement; and
3-68                 (3)  must be made at the time of application for
3-69     retirement.
 4-1           SECTION 10.  Subsection (a), Section 5.02, Chapter 824, Acts
 4-2     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
 4-3     Vernon's Texas Civil Statutes), is amended to read as follows:
 4-4           (a)  A person who has qualified for a retirement annuity
 4-5     under this Act but who has subsequently ceased to be a member of
 4-6     the fund or a properly enrolled member of the fire or police
 4-7     department, by whatever means or for whatever reason, is entitled
 4-8     to a retirement annuity from the fund that accrued to that person
 4-9     before the time that person ceased to be a member of the fund or a
4-10     properly enrolled member of the fire or police department if the
4-11     person or the person's beneficiary, in the event of the person's
4-12     death, files an application for the retirement annuity with the
4-13     board [within four years after the date that person ceased to be a
4-14     member of the fund or a properly enrolled member of the fire or
4-15     police department].
4-16           SECTION 11.  The heading to Section 5.08, Chapter 824, Acts
4-17     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
4-18     Vernon's Texas Civil Statutes), is amended to read as follows:
4-19           Sec. 5.08.  REASONABLE ACCOMMODATION [DISCRETION OF
4-20     DEPARTMENT CHIEF FOR EMPLOYMENT OF DISABILITY RETIREE].
4-21           SECTION 12.  Section 5.09, Chapter 824, Acts of the 73rd
4-22     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
4-23     Civil Statutes), is amended to read as follows:
4-24           Sec. 5.09.  COST-OF-LIVING INCREASES.  (a)  At or before its
4-25     regular meeting in the month of March, the board annually shall
4-26     review the Consumer's Price Index for All Urban Consumers (CPI-U),
4-27     U.S. City Average or the nearest equivalent published by the United
4-28     States Bureau of Labor Statistics for the preceding calendar year.
4-29     If that index shows an increase during the preceding calendar year
4-30     in the cost of living as compared with that index at the close of
4-31     the previous year, the board shall order an increase of all
4-32     service, disability, and death benefit retirement annuities [of all
4-33     retirees and beneficiaries] by a percentage that varies by the date
4-34     of the member's service or disability retirement [on which the
4-35     member retired], or, in the case of a member who died before
4-36     retirement, the date on which the member died.  If the member's
4-37     service retirement, disability retirement, or death before
4-38     retirement occurred before August 30, 1971, the annuity shall be
4-39     increased by a percentage equal to the percentage increase in the
4-40     cost of living index.  If the member's service retirement,
4-41     disability retirement, or death before retirement occurred on or
4-42     after August 30, 1971, but before October 1, 1989, the [retirement]
4-43     annuity shall be increased by a percentage that is 87.5 percent of
4-44     the percentage increase in the cost of living index, for any year
4-45     in which the cost of living index increases by eight percent or
4-46     less and by 75 percent of the percentage increase in the cost of
4-47     living index if the cost of living index increases by more than
4-48     eight percent.  If the member's service retirement, disability
4-49     retirement, or death before retirement occurred on or after October
4-50     1, 1989, the [retirement] annuity shall be increased by a
4-51     percentage that is 75 percent of the percentage increase in the
4-52     cost of living index.  A percentage increase in [retirement]
4-53     annuities shall be rounded to the nearest one-tenth percentage
4-54     point for a cost of living increase.
4-55           (b)  The [retirement] annuities to which this section applies
4-56     shall be computed as of the month of January before that March
4-57     board meeting and shall continue in effect for at least one full
4-58     year until there has been an additional increase to that
4-59     cost-of-living index and the board enters another order as provided
4-60     by this section.
4-61           (c)  The cost-of-living increase paid to any retiree or
4-62     beneficiary [of a member or retiree] during the first full year
4-63     after the effective date of the service retirement, disability
4-64     retirement, or death shall be prorated on the basis of full months
4-65     from the date of the member's service retirement, disability
4-66     retirement, or death [retired].
4-67           SECTION 13.  Subsection (b), Section 5.11, Chapter 824, Acts
4-68     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
4-69     Vernon's Texas Civil Statutes), is amended to read as follows:
 5-1           (b)  Any member or beneficiary who is entitled to receive
 5-2     [receives] any distribution [from any plan within the system] that
 5-3     is an eligible rollover distribution as defined by Section
 5-4     402(c)(4) of the code is entitled to have that distribution
 5-5     transferred directly to another eligible retirement plan of the
 5-6     member's or beneficiary's choice on providing direction to the fund
 5-7     regarding that transfer in accordance with procedures established
 5-8     by the board.
 5-9           SECTION 14.  The heading to Section 5.12, Chapter 824, Acts
5-10     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
5-11     Vernon's Texas Civil Statutes), is amended to read as follows:
5-12           Sec. 5.12.  13TH CHECK FOR RETIREES.
5-13           SECTION 15.  Subsection (b), Section 5.12, Chapter 824, Acts
5-14     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
5-15     Vernon's Texas Civil Statutes), is amended to read as follows:
5-16           (b)  The 13th pension check is paid to each retiree entitled
5-17     to receive [receiving] an annuity in the last month of the fiscal
5-18     year preceding the fiscal year in which the check is disbursed [at
5-19     the time of disbursement] and is in an amount equal to the amount
5-20     of the annuity payment made in the last month of the preceding
5-21     fiscal year [pension check paid immediately before the disbursement
5-22     of the retiree's 13th check], except the amount of any such check
5-23     shall be prorated for any retiree who has been receiving an annuity
5-24     for less than one year so that the amount of the check is
5-25     one-twelfth of the check that would have been paid to the [a]
5-26     retiree receiving an annuity for a full year times the number of
5-27     full months [the retiree has received] an annuity has been paid.
5-28           SECTION 16.  The heading to Article 6, Chapter 824, Acts of
5-29     the 73rd Legislature, Regular Session, 1993 (Article 6243o,
5-30     Vernon's Texas Civil Statutes), is amended to read as follows:
5-31              ARTICLE 6.  BENEFICIARY'S [DEPENDENT'S] BENEFITS
5-32           SECTION 17.  Section 6.01, Chapter 824, Acts of the 73rd
5-33     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
5-34     Civil Statutes), is amended to read as follows:
5-35           Sec. 6.01.  MEMBER'S BENEFICIARY AND DEPENDENT CHILD'S
5-36     RIGHTS.  (a)  A member of the fund has, in addition to all rights
5-37     accruing from the person's membership, the same right to receive
5-38     benefits as a beneficiary that a nonmember who is a beneficiary has
5-39     in similar circumstances if the member's spouse also is a member of
5-40     the fund.
5-41           (b)  A dependent child is entitled to receive benefits based
5-42     on the service of any parent who is a member of the fund.
5-43           SECTION 18.  Section 6.02, Chapter 824, Acts of the 73rd
5-44     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
5-45     Civil Statutes), is amended to read as follows:
5-46           Sec. 6.02.  DEATH BENEFIT ANNUITY FOR SURVIVING SPOUSES AND
5-47     CHILDREN.  (a)  Subject to Section [Sections] 6.03 of this Act and
5-48     Subsections (h), (i), (j), (k), and (l) [6.08] of this section
5-49     [Act], if a [an active] member [or a retiree] dies leaving a
5-50     surviving spouse or at least one dependent child [or more children
5-51     under the age of 18 years], the surviving spouse and the children
5-52     are entitled to receive from the fund an aggregate death benefit
5-53     annuity, computed and payable from the date of the member's death,
5-54     in an amount that is equal to the greater of:
5-55                 (1)  50 percent of the member's average total salary;
5-56     or
5-57                 (2)  the same percentage of the member's average total
5-58     salary that the member would have been entitled to receive as a
5-59     retirement annuity if the member could have retired on the date of
5-60     death.
5-61           (b)  The amount of a death benefit annuity computed under
5-62     Subsection (a) of this section[, except that the percentage] may
5-63     not exceed the service retirement annuity [percentage] to which a
5-64     member with the same average total salary and with 26 [25] years of
5-65     service credit would be entitled.
5-66           (c)  Subject to Section 6.08 of this Act and Subsections (h),
5-67     (i), (j), (k), and (l) of this section, if a retiree dies leaving a
5-68     surviving spouse or at least one dependent child, the surviving
5-69     spouse and dependent children are entitled to receive from the fund
 6-1     an aggregate death benefit annuity, computed and payable from the
 6-2     date of the member's death, in an amount that is equal to the same
 6-3     percentage of the retiree's average total salary that the retiree
 6-4     would have been entitled to receive as a retirement annuity if the
 6-5     retiree had retired on the date of death less the amount of time,
 6-6     if any, elected by the retiree under Section 5.015(b)(1) of this
 6-7     Act.
 6-8           (d)  The amount of a death benefit annuity computed under
 6-9     Subsection (c) of this section may not exceed the lesser of:
6-10                 (1)  the retirement annuity to which a member with the
6-11     same average total salary and 26 years of service credit would be
6-12     entitled; or
6-13                 (2)  the retirement annuity the retiree was receiving
6-14     at the time of the retiree's death.
6-15           (e)  If, at the time a death benefit annuity becomes payable
6-16     under Subsection (a) or (c) of this section, the deceased leaves a
6-17     surviving spouse and at least one dependent child, the board shall
6-18     award:
6-19                 (1)  one-half [One-half] of the [death benefit] annuity
6-20     [under this subsection shall be awarded] to the surviving spouse;
6-21     and
6-22                 (2)  one-half of the annuity:
6-23                       (A)  to the dependent child, if there is only
6-24     one; or
6-25                       (B)  if there is more than one dependent child,
6-26     in equal shares to each child [children].
6-27           (f)  If, at the time a death benefit annuity under Subsection
6-28     (a) or (c) of this section becomes payable, the deceased leaves a
6-29     surviving spouse and no dependent child, the board shall award the
6-30     annuity to the surviving spouse.
6-31           (g)  If, at the time a death benefit annuity under Subsection
6-32     (a) or (c) of this section becomes payable, the deceased leaves no
6-33     surviving spouse and at least one dependent child, the board shall
6-34     award the annuity:
6-35                 (1)  to the dependent child, if there is only one; or
6-36                 (2)  if there is more than one child, in equal shares
6-37     to each child.
6-38           (h) [(b)]  A child who is born after the date of retirement
6-39     of the member is not entitled to a death benefit annuity under this
6-40     Act unless the retiree [member] was married to the other parent of
6-41     the child on the date of retirement.  A surviving spouse of a
6-42     retiree who was not married to the retiree until after the
6-43     retiree's retirement is entitled to receive only the benefit, if
6-44     any, provided under Section 6.08 of this Act.
6-45           [(c)  If there are no children, the surviving spouse is
6-46     entitled to receive from the fund a death benefit annuity in the
6-47     same amount the member would have been entitled to receive as a
6-48     retirement annuity if the member could have retired on the date of
6-49     death, except that the percentage used in computing the amount the
6-50     member would have been entitled to receive may not exceed the
6-51     percentage to which a member with 25 years of service would have
6-52     been entitled.]
6-53           [(d)  If there is no surviving spouse, the dependent children
6-54     are entitled to receive from the fund an aggregate death benefit
6-55     annuity of one-half of the amount the member would have been
6-56     entitled to receive as a retirement annuity if the member could
6-57     have retired on the date of death, except that the percentage used
6-58     in computing the amount the member would have been entitled to
6-59     receive may not exceed the percentage to which a member with 25
6-60     years of service would have been entitled.  However, if the board
6-61     determines on investigation that the eligible children are
6-62     destitute, the board may increase the death benefit annuity under
6-63     this subsection to two-thirds of the amount the member would have
6-64     been entitled to receive as a retirement annuity if the member
6-65     could have retired on the date of death, except that the percentage
6-66     used in computing the amount the member would have been entitled to
6-67     receive may not exceed the percentage to which a member with 25
6-68     years of service would have been entitled.  The amount awarded
6-69     under this subsection to any child shall be paid by the board to
 7-1     the legal guardian of the child.]
 7-2           (i)  If a member or retiree dies leaving a surviving spouse
 7-3     and at least one dependent child, the death benefit annuity payable
 7-4     to the surviving spouse shall be increased as of the day no child
 7-5     is entitled to receive benefits to the amount the spouse would have
 7-6     received had there been no dependent child.
 7-7           (j)  If a member or retiree dies leaving a surviving spouse
 7-8     and at least one dependent child, the death benefit annuity payable
 7-9     to the dependent children shall be increased as of the day the
7-10     surviving spouse dies to the amount the children would have
7-11     received had there been no surviving spouse.
7-12           (k) [(e)]  A child of the member who is so mentally or
7-13     physically disabled as to be incapable of being self-supporting to
7-14     any extent, if otherwise qualified and regardless of age, has the
7-15     rights of a child under 18 years of age, except that any death
7-16     benefit annuity paid under this subsection to any mentally or
7-17     physically disabled child shall be reduced to the extent of any
7-18     state pension or aid, including Medicaid, or any state-funded
7-19     assistance received by the child, regardless of whether the funds
7-20     were made available to the state by the federal government.  In no
7-21     other instance under this Act is a child entitled to any benefit
7-22     after becoming 18 years of age.
7-23           (l)  The board shall increase a death benefit annuity payable
7-24     on October 1, 1999, to a dependent child or children who do not
7-25     have a living parent on that date to the entire amount of the death
7-26     benefit annuity that would have been awarded had the retiree or
7-27     member died leaving no surviving spouse if a surviving spouse of
7-28     the member or retiree is not entitled to receive benefits from the
7-29     fund on October 1, 1999.
7-30           SECTION 19.  Section 6.11, Chapter 824, Acts of the 73rd
7-31     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
7-32     Civil Statutes), is amended to read as follows:
7-33           Sec. 6.11.  DEATH BENEFIT FOR ACTIVE MEMBER'S ESTATE.
7-34     [(a)]  If an active member dies and does not leave a beneficiary
7-35     [surviving spouse, a child under 18 years of age, a mentally or
7-36     physically disabled child, or a dependent father or mother], the
7-37     estate of the deceased member is entitled to a death benefit
7-38     payment from the fund in the amount of $10,000 or the refund of the
7-39     member's contributions that were picked up by the municipality,
7-40     whichever amount is greater.
7-41           [(b)  The death benefit under this section is not payable if
7-42     the deceased member of the fund is survived by one or more
7-43     beneficiaries.]
7-44           SECTION 20.  Chapter 824, Acts of the 73rd Legislature,
7-45     Regular Session, 1993 (Article 6243o, Vernon's Texas Civil
7-46     Statutes), is amended by adding Section 6.115 to read as follows:
7-47           Sec. 6.115.  DEATH BENEFIT FOR RETIREE'S ESTATE.  If a
7-48     retiree dies and does not leave a beneficiary, the estate of the
7-49     retiree is entitled to a death benefit payment from the fund in the
7-50     amount of the retiree's contributions that were picked up by the
7-51     municipality less any retirement or disability annuity and any lump
7-52     sum under Section 5.015 of this Act paid to the retiree.
7-53           SECTION 21.  Section 6.12, Chapter 824, Acts of the 73rd
7-54     Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
7-55     Civil Statutes), is amended to read as follows:
7-56           Sec. 6.12.  13TH CHECK FOR BENEFICIARIES.  (a)  For any year
7-57     in which the board authorizes disbursement of a 13th pension check
7-58     to retirees under Section 5.12 of this Act, the board shall also
7-59     authorize disbursement of a 13th check to each beneficiary entitled
7-60     to receive [receiving] an annuity in the last month of the fiscal
7-61     year preceding the fiscal year in which the check is disbursed [at
7-62     the time of the disbursement].
7-63           (b)  The amount of the 13th check is equal to the amount of
7-64     the annuity payment made in the last month of the preceding fiscal
7-65     year, except the amount of the check shall be prorated for any
7-66     beneficiary who has been receiving an annuity for less than one
7-67     year so that the amount of the check is one-twelfth of the check
7-68     that would have been paid to the beneficiary receiving an annuity
7-69     for a full year times the number of full months an annuity has been
 8-1     paid [is determined in the same manner as the amount of a 13th
 8-2     check is determined for a retiree].
 8-3           SECTION 22.  Chapter 824, Acts of the 73rd Legislature,
 8-4     Regular Session, 1993 (Article 6243o, Vernon's Texas Civil
 8-5     Statutes), is amended by adding Section 6.13 to read as follows:
 8-6           Sec. 6.13.  GUARDIANSHIP.  Any benefit payable under this
 8-7     article to a dependent child may be paid only to a guardian who is
 8-8     appointed in accordance with Chapter XIII, Texas Probate Code.
 8-9           SECTION 23.  Subsection (a), Section 7.01, Chapter 824, Acts
8-10     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
8-11     Vernon's Texas Civil Statutes), is amended to read as follows:
8-12           (a)  All money of the fund that is paid [payable] to the
8-13     treasurer of the fund is for the use of the fund.
8-14           SECTION 24.  Subsection (a), Section 7.51, Chapter 824, Acts
8-15     of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
8-16     Vernon's Texas Civil Statutes), is amended to read as follows:
8-17           (a)  A member of the board, [or] the executive director, or
8-18     another employee of the fund may not buy, sell, or exchange any
8-19     property to or from the fund, deal with the assets of the fund in
8-20     the person's own interest or for the person's own account, or
8-21     receive any consideration for the person's personal account from
8-22     any person dealing with the fund in connection with the income or
8-23     assets of the fund.
8-24           SECTION 25.  This Act takes effect October 1, 1999.
8-25           SECTION 26.  The importance of this legislation and the
8-26     crowded condition of the calendars in both houses create an
8-27     emergency and an imperative public necessity that the
8-28     constitutional rule requiring bills to be read on three several
8-29     days in each house be suspended, and this rule is hereby suspended.
8-30                                  * * * * *