By: Brown S.B. No. 998
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a firefighters' relief and retirement fund in certain
1-2 municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1(11), Article 6243e.2(1), Revised
1-5 Statutes, is amended to read as follows:
1-6 (11) "Firefighter" means a full-time, fully paid,
1-7 active, classified member of a regularly organized fire department
1-8 of an incorporated municipality with a fund established under this
1-9 article, including a member who has made a DROP election, but is
1-10 otherwise described in this definition.
1-11 SECTION 2. Section 2(l), Article 6243e.2(1), Revised
1-12 Statutes, is amended to read as follows:
1-13 (l) The board shall hold regular monthly meetings at a time
1-14 and place as the board by resolution designates and may hold
1-15 special meetings on call of the chair as the chair determines is
1-16 necessary, keep accurate minutes of board meetings and records of
1-17 board proceedings, keep separate from all other municipal funds all
1-18 money for the use and benefit of the fund, and keep a record of
1-19 claims, receipts, and disbursements. A disbursement from the fund
1-20 may be made in accordance with procedures established by the board.
1-21 The municipality shall allow municipal employees who are board
1-22 trustees to promptly attend all board and committee meetings. Each
2-1 board trustee who is an employee of the municipality shall provide
2-2 the municipality with reasonable notice of the trustee's required
2-3 attendance at regularly scheduled board and committee meetings.
2-4 The municipality shall allow board trustees the time required to
2-5 travel to and attend educational workshops and legislative hearings
2-6 and meetings regarding proposed amendments to this article if
2-7 attendance is consistent with a board trustee's duty to the board.
2-8 The municipality may not use the trustee's attendance or travel
2-9 related to attendance described by this subsection to reduce or
2-10 withhold the wages that the trustee would otherwise earn. The
2-11 board may reimburse from the fund the municipality for costs
2-12 incurred by the municipality for allowing a trustee's attendance
2-13 under this subsection.
2-14 SECTION 3. Section 3, Article 6243e.2(1), Revised Statutes,
2-15 is amended by adding Subsections (h) and (i) to read as follows:
2-16 (h) The board may purchase with board funds a life insurance
2-17 policy from an insurer licensed to do business in this state to
2-18 cover the amount of lump-sum death benefits that may become payable
2-19 to a member's eligible survivor or estate. The amount payable
2-20 under a policy under this subsection on the death of one member may
2-21 not exceed the amount of the lump-sum death benefits payable under
2-22 this article. The board shall be the policyholder of any life
2-23 insurance purchased under this subsection and shall use any
2-24 proceeds received from the insurer to satisfy any lump-sum death
2-25 benefits owed under this article.
2-26 (i) The board may pay with fund assets the reasonable
3-1 expenses incurred in providing annual or semiannual meetings of
3-2 retired members, spouses of retired members, and eligible survivors
3-3 that facilitate communication regarding benefits paid under this
3-4 article if the expenses do not materially affect the total assets
3-5 of the fund. Reasonable expenses may include the purchase of items
3-6 or services necessary to promote and facilitate these meetings.
3-7 SECTION 4. Section 4, Article 6243e.2(1), Revised Statutes,
3-8 is amended to read as follows:
3-9 Sec. 4. SERVICE PENSION BENEFITS. (a) A member with at
3-10 least 20 years of participation who terminates active service for
3-11 any reason other than death is entitled to receive a service
3-12 pension provided by this section.
3-13 (b) A member who terminates active service on or after
3-14 November 1, 1997, and who has completed at least 20 years of
3-15 participation in the fund on the effective date of termination of
3-16 service is entitled to a monthly service pension, beginning on the
3-17 effective date of termination of active service, in an amount equal
3-18 to 50 percent of the member's average monthly salary, plus three
3-19 percent of the member's average monthly salary for each year of
3-20 participation in excess of 20 years, but not in excess of 30 years
3-21 of participation, for a maximum total benefit of 80 percent of the
3-22 member's average monthly salary.
3-23 (c) A member who terminated active service before November
3-24 1, 1997, and who had completed at least 20 years of participation
3-25 on the effective date of termination of service is entitled on
3-26 retirement to receive a monthly service pension in the amount
4-1 provided under the law in effect on the effective date of that
4-2 retirement, unless a subsequent benefit increase is expressly made
4-3 applicable to that member.
4-4 (d) [A member with a service or disability pension, other
4-5 than a deferred retiree or an active member who has elected the
4-6 DROP under Section 5(b) of this article, who began receiving
4-7 benefits from the fund before November 1, 1997, or a member's
4-8 beneficiary who began receiving benefits from the fund before
4-9 November 1, 1997, shall be paid a one-time additional benefit of
4-10 $5,000 from the fund, payable in a lump sum as soon as
4-11 administratively practicable after November 1, 1997.]
4-12 [(e)] The total monthly benefit payable to a retired or
4-13 disabled member, other than a deferred retiree or active member who
4-14 has elected the DROP under Section 5(b) of this article, or each
4-15 eligible survivor of a deceased member, shall be increased by $100,
4-16 beginning with the monthly payment made for July 1999. That
4-17 additional benefit may not be increased under Section 11(c) of this
4-18 article.
4-19 [(f) The benefit under Subsection (d) of this section shall
4-20 be paid to the member or to the eligible spouse of a deceased
4-21 member. If the member is deceased and there is no eligible spouse,
4-22 the benefit shall be divided equally among and paid to each
4-23 eligible child of the member, or, if there is no eligible child,
4-24 the benefit shall be divided among the eligible parents of the
4-25 member.]
4-26 SECTION 5. Section 5, Article 6243e.2(1), Revised Statutes,
5-1 is amended to read as follows:
5-2 Sec. 5. DEFERRED RETIREMENT OPTION PLAN. (a) A member who
5-3 is eligible to receive a service pension under Section 4 of this
5-4 article and who remains in active service may elect to participate
5-5 in the deferred retirement option plan provided by this section.
5-6 On subsequently terminating active service, a member who elected
5-7 the DROP may apply for a monthly service pension under Section 4 of
5-8 this article, except that the effective date of the member's
5-9 election to participate in the DROP will be considered the member's
5-10 retirement date for determining the amount of the member's monthly
5-11 service pension. The member may also apply for any DROP benefit
5-12 provided under this section on terminating active service. Except
5-13 as provided by Subsection (l) [(n)] of this section, an election to
5-14 participate in the DROP, once approved by the board, is
5-15 irrevocable.
5-16 (b) A member may elect to participate in the DROP by
5-17 complying with the election process established by the board. The
5-18 member's election may be made at any time beginning on the date the
5-19 member has completed 20 years of participation in the fund and is
5-20 otherwise eligible for a service pension under Section 4 of this
5-21 article. The election becomes effective on the first day of the
5-22 month following the month in which the board approves the member's
5-23 DROP election. Beginning on the effective date of the member's
5-24 DROP election, amounts equal to the deductions made from the
5-25 member's salary under Section 13(c) of this article shall be
5-26 credited to the member's DROP account. If a DROP participant
6-1 remains in active service after the seventh [fifth] anniversary of
6-2 the effective date of the member's DROP election, subsequent
6-3 deductions from the member's salary under Section 13(c) of this
6-4 article may not be credited to the member's DROP account and may
6-5 not otherwise increase any benefit payable from the fund for the
6-6 member's service.
6-7 (c) Beginning in the month a member's DROP election becomes
6-8 effective, an amount equal to the monthly service pension the
6-9 member would have received under Section 4 of this article and
6-10 Section 11(c) of this article, if applicable, had the member
6-11 terminated active service on the effective date of the member's
6-12 DROP election shall be credited to a DROP account maintained for
6-13 the member. That monthly credit to the member's DROP account shall
6-14 continue until the earlier of the date the member terminates active
6-15 service or the seventh [fifth] anniversary of the effective date of
6-16 the member's DROP election.
6-17 (d) A member's DROP account shall be credited with earnings
6-18 or losses at an annual rate equal to the average annual return
6-19 earned by the fund over the five years preceding, but not
6-20 including, the year during which the credit is given. Those
6-21 earnings or losses shall be computed and credited at a time and in
6-22 a manner determined by the board, except that earnings or losses
6-23 shall be credited not less frequently than once in each 13-month
6-24 period and shall take into account partial years of participation
6-25 in the DROP. If the member has not terminated active service, the
6-26 member's DROP account may not be credited with earnings or losses
7-1 after the seventh [fifth] anniversary of the effective date of the
7-2 member's DROP election.
7-3 (e) A member who terminates active service after
7-4 participating in the DROP is entitled to receive, in addition to
7-5 the member's service pension under Section 4 of this article, a
7-6 benefit equal to the balance of the member's DROP account. Unless
7-7 the member elects to receive [installment or] partial distributions
7-8 in accordance with Subsection (f) [or (h)] of this section, the
7-9 balance of a member's DROP account shall be paid to the member in a
7-10 single lump-sum payment as soon as is administratively practicable
7-11 after the member's termination of active service.
7-12 (f) [In lieu of a single lump-sum payment, a member may
7-13 elect to receive the balance of the member's DROP account in three
7-14 substantially equal installments. A member electing the
7-15 installment form of distribution is entitled to receive the first
7-16 installment within a reasonable period after terminating active
7-17 service. The second and third installments shall be paid to the
7-18 member on the first and second anniversaries of the date of the
7-19 first installment. A member electing to receive the member's DROP
7-20 account balance in installments may convert that election at any
7-21 time after receipt of the first installment to an election to
7-22 receive the remainder of the member's DROP account balance in a
7-23 lump-sum payment. If a member elects to receive installments, the
7-24 member's DROP account may not be credited with earnings or losses
7-25 occurring after the member leaves active service. The DROP account
7-26 balance of a member who elects to receive the member's DROP account
8-1 balance in installments may not be credited with interest after the
8-2 date of payment of the first installment.]
8-3 [(g) The board may adopt by a majority vote the provisions
8-4 of Subsections (h) and (i) of this section.]
8-5 [(h)] In lieu of a single lump-sum payment, a member may
8-6 elect to receive partial payments from the member's DROP account
8-7 for each calendar year, in an amount elected by the member. The
8-8 board may establish procedures concerning partial payments,
8-9 including limitations on timing and frequency of those payments. A
8-10 member who elects partial payments may, at any time, elect to
8-11 receive the member's entire remaining DROP account balance in a
8-12 single lump-sum payment.
8-13 (g) [(i)] If a member elects partial payments, for periods
8-14 after a member terminates active service and before the member's
8-15 DROP account is completely distributed, the member's DROP account
8-16 shall be credited with earnings or losses of the fund as computed
8-17 under Subsection (d) of this section and reduced by an
8-18 administrative fee of one percent of the account balance each year,
8-19 determined before adjustment for earnings or losses for the year.
8-20 (h) [(j)] An election by a member concerning single lump-sum
8-21 [installment] or partial payments as provided by Subsection (e) or
8-22 (f) [Subsections (f) (i)] of this section must satisfy the
8-23 requirements of Section 401(a)(9) of the code. All distributions
8-24 and changes in form of distribution must be made in a manner and at
8-25 a time that comply with that provision of the code.
8-26 (i) [(k)] A member who elects to participate in the DROP is
9-1 considered to have terminated active service on the effective date
9-2 of the member's DROP election for purposes of computing and
9-3 providing service pension benefits under Section 4 of this article
9-4 and for purposes of computing and providing death benefits under
9-5 Section 7 of this article. A salary earned or additional years of
9-6 participation completed after the member's DROP election becomes
9-7 effective may not be considered in the computation of retirement,
9-8 disability, or death benefits unless a DROP revocation is made as
9-9 prescribed by Subsection (l) [(n)] of this section.
9-10 (j) [(l)] If a DROP participant dies before complete
9-11 distribution of the member's DROP account has been made, the
9-12 member's eligible beneficiaries, determined as follows:
9-13 (1) if the member is survived by a spouse [person] who
9-14 was the member's spouse on the member's last day of active service
9-15 and one or more eligible children, one-half of the member's DROP
9-16 account balance shall be paid to that eligible spouse, and the
9-17 remaining one-half shall be divided equally among the member's
9-18 eligible children;
9-19 (2) if the member is survived by a spouse described by
9-20 Subdivision (1) of this subsection, but not by an eligible child,
9-21 the member's entire DROP account balance shall be paid to the
9-22 surviving spouse;
9-23 (3) if the member is survived by one or more eligible
9-24 children, but not by a spouse described by Subdivision (1) of this
9-25 subsection, the member's DROP account balance shall be divided
9-26 equally among the eligible children;
10-1 (4) if the member is not survived by a spouse
10-2 described by Subdivision (1) of this subsection or an eligible
10-3 child, the member's DROP account balance shall be divided equally
10-4 among the member's eligible parents;
10-5 (5) if the member is not survived by a spouse
10-6 described by Subdivision (1) of this subsection, an eligible child,
10-7 or an eligible parent, the member's DROP account balance shall be
10-8 distributed in accordance with the member's beneficiary designation
10-9 filed with the board or, if the member has failed to file a valid
10-10 beneficiary designation, to the member's estate; and
10-11 (6) if a member's spouse described by Subdivision (1)
10-12 of this subsection was not married to the member on the date the
10-13 member's DROP election became effective, the spouse shall receive a
10-14 reduced benefit equal to the benefit otherwise payable to the
10-15 surviving spouse under this subsection, multiplied by the
10-16 percentage of the period between the member's DROP election and the
10-17 date the member left active service during which the spouse and the
10-18 member were married, and the amount by which the spouse's benefit
10-19 is reduced shall be divided among any other eligible survivors as
10-20 if the member did not have an eligible spouse.
10-21 (k) [(m)] An eligible beneficiary's share of a deceased
10-22 member's DROP account shall be distributed as soon as
10-23 administratively practicable after the member's death in the form
10-24 of a single lump-sum payment. All distributions to beneficiaries
10-25 under this subsection must be made in a manner and at a time that
10-26 comply with Section 401(a)(9) of the code.
11-1 (l) [(n)] Except as otherwise provided by this subsection, a
11-2 member who participates in the DROP is ineligible for disability
11-3 benefits described by Section 6 of this article, and the member's
11-4 survivors are ineligible to receive enhanced death benefits
11-5 described by Section 7(c) of this article. A DROP participant who
11-6 is determined under Section 6(c) of this article to be incapable of
11-7 performing any substantial gainful employment because of an on-duty
11-8 disability may retroactively revoke the member's DROP election if
11-9 the revocation occurs before the member receives a distribution
11-10 from the member's DROP account or retirement benefits. If a DROP
11-11 participant dies in the course of the performance of the member's
11-12 duty or dies as a result of an on-duty disability described by
11-13 Section 6(c) of this article, the DROP participant's eligible
11-14 survivors under Section 7 of this article and the member's eligible
11-15 DROP beneficiaries under Subsection (j) [(l)] of this section may,
11-16 by unanimous agreement, retroactively revoke the member's DROP
11-17 election if the revocation occurs before receipt of a distribution
11-18 from the member's DROP account, service pension benefits under
11-19 Section 4 of this article, or death benefits under Section 7 of
11-20 this article. For purposes of this subsection, an on-duty
11-21 disability must have occurred after the effective date of a
11-22 member's election to participate in the DROP. If a DROP election
11-23 revocation is made as prescribed by this subsection, the member's
11-24 DROP account is not distributed, and the member or the member's
11-25 beneficiary, as applicable, is entitled to benefits under this
11-26 article as if a DROP election had not been made.
12-1 (m) [(o)] A retired member who previously participated in
12-2 the DROP and who returns to active service is subject to the terms
12-3 of this section in effect at the time of the member's return to
12-4 active service.
12-5 (n) [(p)] After August 31, 2000, the board may set a date
12-6 after which additional members will not be allowed to elect to
12-7 participate in the DROP. A member whose election to participate in
12-8 the DROP becomes effective before a deadline established by the
12-9 board is entitled to continue participating in the DROP.
12-10 (o) A member who has made a DROP election is not classified
12-11 as retired, eligible to be paid, or eligible to accrue or to
12-12 receive any benefit that is accrued or received by a member who has
12-13 terminated active service or by the eligible survivors of deceased
12-14 members unless the member who has made the DROP election has
12-15 terminated active service.
12-16 SECTION 6. Section 6(d), Article 6243e.2(1), Revised
12-17 Statutes, is amended to read as follows:
12-18 (d) If a full-time active member with at least six years of
12-19 service becomes disabled or dies from heart or lung disease or
12-20 cancer, and the member successfully passed a physical examination
12-21 before the claimed disability or death or on beginning employment
12-22 as a firefighter, and the examination failed to reveal any evidence
12-23 of the heart or lung disease or cancer, that condition will be
12-24 presumed to have caused an on-duty disability for purposes of
12-25 determining eligibility for disability benefits under this section,
12-26 and the amount of the disability benefit is presumed to constitute,
13-1 unless the presumption is rebutted, [constitutes] the pension
13-2 amount that shall be used to determine the death benefit payable
13-3 with respect to that member. The on-duty disability presumption
13-4 may be rebutted only by clear and convincing evidence. Another
13-5 statutory presumption regarding the cause of illnesses or
13-6 conditions does not affect any benefit payable under this article.
13-7 SECTION 7. Section 7(e), Article 6243e.2(1), Revised
13-8 Statutes, is amended to read as follows:
13-9 (e) In addition to the monthly death benefit provided under
13-10 Subsection (a) of this section, if an active member or a member
13-11 receiving a service pension under Section 4 of this article or a
13-12 disability pension under Section 6 of this article dies on or after
13-13 July 1, 1998, the member's eligible survivors are entitled to a
13-14 one-time $5,000 death benefit, payable as a lump sum as follows:
13-15 (1) if the member is survived by an eligible spouse,
13-16 the eligible spouse is entitled to receive $5,000;
13-17 (2) if the member is not survived by an eligible
13-18 spouse, the member's eligible children are entitled to receive
13-19 $5,000, divided equally among those children; [or]
13-20 (3) if the member is not survived by an eligible
13-21 spouse or an eligible child, the $5,000 death benefit shall be
13-22 divided equally among the eligible parents of the deceased member;
13-23 or
13-24 (4) if the member is not survived by an eligible
13-25 spouse, an eligible child, or an eligible parent, the $5,000 death
13-26 benefit shall be paid to the deceased member's estate.
14-1 SECTION 8. Section 10, Article 6243e.2(1), Revised Statutes,
14-2 is amended to read as follows:
14-3 Sec. 10. NONSTATUTORY BENEFIT INCREASES. The benefits
14-4 provided by this article may be increased if:
14-5 (1) [the increase is first approved by] an actuary
14-6 selected by the board who, if an individual, is a Fellow of the
14-7 Society of Actuaries, a Fellow of the Conference of Actuaries in
14-8 Public Practice, or a member of the American Academy of Actuaries
14-9 determines that the increase cannot reasonably be viewed as posing
14-10 a material risk of jeopardizing the fund's ability to pay any
14-11 existing benefit;
14-12 (2) a majority of the participating members of the
14-13 fund vote for the increase by a secret ballot;
14-14 (3) the increase does not deprive a member, without
14-15 the member's written consent, of a right to receive benefits that
14-16 have already become fully vested and matured in a member; and
14-17 (4) the State Pension Review Board approves the
14-18 determination by the actuary selected by the board that the
14-19 increase cannot reasonably be viewed as posing a material risk of
14-20 jeopardizing the fund's ability to pay any existing benefit
14-21 [increase, which approval may not be unreasonably withheld].
14-22 SECTION 9. Article 6243e.2(1), Revised Statutes, is amended
14-23 by adding Sections 10A and 10B to read as follows:
14-24 Sec. 10A. ANNUAL SUPPLEMENTAL BENEFIT FOR CERTAIN RETIRED
14-25 MEMBERS AND ELIGIBLE SURVIVORS. (a) The board shall pay
14-26 supplemental benefits under this section to retired members, not
15-1 including deferred retirees, and to eligible survivors, not
15-2 including survivors of deferred retirees, if the requirements of
15-3 Subsection (b) of this section are met. The board shall pay the
15-4 supplemental benefits in January following a fiscal year of the
15-5 fund in which the requirements of Subsection (b) of this section
15-6 are met.
15-7 (b) The board shall pay supplemental benefits under this
15-8 section if the fund actuary determines that, as of the end of any
15-9 fund fiscal year:
15-10 (1) the value of the fund's assets exceeds the amount
15-11 of the fund's accrued liability;
15-12 (2) the fund's gross rate of return on investments for
15-13 that fiscal year exceeds 9.25 percent; and
15-14 (3) payment of supplemental benefits will not result
15-15 in an increase of the municipality's contribution rate.
15-16 (c) The board shall adopt rules and procedures to govern the
15-17 payment of benefits under this section and shall establish a
15-18 minimum income level consistent with the national poverty level set
15-19 by the United States Department of Health and Human Services.
15-20 (d) The board shall determine an aggregate supplemental
15-21 benefit amount that may not exceed the lesser of:
15-22 (1) the amount by which the value of fund assets
15-23 exceeds the amount of accrued liability as determined under
15-24 Subsection (b)(1) of this section; or
15-25 (2) $4 million.
15-26 (e) Based on the aggregate supplemental benefit amount
16-1 determined under Subsection (d) of this section, the board shall
16-2 determine the amount of a lump-sum payment for each retired member
16-3 or eligible survivor.
16-4 (f) In determining the lump-sum payment amount, the total
16-5 number of years since the commencement date of each retired
16-6 member's or eligible survivor's annual retirement or survivor
16-7 benefit shall be divided by the total number of years since the
16-8 commencement date of all retired members' and eligible survivors'
16-9 annual retirement or survivor benefit to establish a payment
16-10 percentage for each retired member and eligible survivor.
16-11 (g) The payment percentage of each retired member and
16-12 eligible survivor shall be multiplied by the aggregate supplemental
16-13 benefit less the total amount of any payments made under Subsection
16-14 (i) of this section.
16-15 (h) The product of the computation under Subsection (g) of
16-16 this section determines the lump-sum payment to the retired member
16-17 or eligible survivor unless the lump-sum payment plus the annual
16-18 retirement benefit is less than the minimum income level
16-19 established by the board.
16-20 (i) If the lump-sum payment plus the annual retirement
16-21 benefit is less than the minimum income level established by the
16-22 board, the retired member or eligible survivor is entitled to
16-23 receive an additional payment from the amount determined under
16-24 Subsection (d) of this section that will cause the recipient to
16-25 meet but not exceed the minimum income level.
16-26 (j) The benefits commencement date for a retired member or
17-1 the eligible survivor of a retired member is the first day on which
17-2 the retired member most recently began receiving pension benefits
17-3 from the fund. The benefits commencement date for an eligible
17-4 survivor of an active member is the first day of receipt of
17-5 benefits as an eligible survivor.
17-6 (k) Notwithstanding any other provision of this section, if
17-7 more than one eligible survivor is to receive a supplemental
17-8 benefit as a result of one deceased person under this section:
17-9 (1) only one eligible survivor is considered in
17-10 computations under this section other than computations under
17-11 Subdivision (2) of this subsection and as receiving the payments
17-12 received by all eligible survivors of the one deceased person; and
17-13 (2) the amount of payments under this section will be
17-14 paid to the eligible survivors in the same manner as payments under
17-15 Sections 7(a) and (b) of this article are made.
17-16 (l) All actuarial determinations required under this section
17-17 must be made by the fund's actuary.
17-18 Sec. 10B. ADDITIONAL LUMP-SUM RETIREMENT OR DEATH BENEFIT.
17-19 (a) The board shall pay the following people a $4,000 lump-sum
17-20 payment from the fund, in addition to any other benefits, as soon
17-21 as administratively practicable after the date of the person's
17-22 retirement, if the person's retirement occurs or occurred after
17-23 June 30, 1998:
17-24 (1) each member who retires or retired after
17-25 completing 20 years of service and is eligible to receive service
17-26 pension benefits under Section 4 of this article; and
18-1 (2) each member who retires or retired and is eligible
18-2 to receive disability benefits under Section 6 of this article.
18-3 (b) The board shall pay a $4,000 lump-sum payment from the
18-4 fund, in addition to any other benefits, to an eligible survivor of
18-5 a member:
18-6 (1) whose death occurs or occurred after June 30,
18-7 1998;
18-8 (2) who had not terminated active service; and
18-9 (3) who was ineligible to receive service pension
18-10 benefits under Section 4 of this article or disability benefits
18-11 under Section 6 of this article.
18-12 (c) If more than one eligible survivor of one deceased
18-13 member exists, the amount of each survivor's benefit is determined
18-14 in the same manner as payment of death benefits is determined under
18-15 Section 7(e) of this article. The board shall make payments under
18-16 Subsection (b) of this section as soon as administratively
18-17 practicable after the date of death of the member of whom each
18-18 recipient is an eligible survivor.
18-19 SECTION 10. Sections 13(b) and (h), Article 6243e.2(1),
18-20 Revised Statutes, are amended to read as follows:
18-21 (b) [The board shall establish minimum physical requirements
18-22 for membership in the fund that may not exceed the physical
18-23 requirements established by the Fire Fighters' and Police Officers'
18-24 Civil Service Commission under Section 143.022, Local Government
18-25 Code, and that must be the same for all applicants.] At the time
18-26 that physical examinations are administered on behalf of the
19-1 municipality, each applicant must be provided written notice that a
19-2 copy of the results of the examination will be forwarded to the
19-3 board for the purpose of determining whether the applicant has a
19-4 preexisting condition that would be relevant to any determination
19-5 under Section 6 of this article [to determine eligibility for
19-6 membership in the fund and the existence of any preexisting
19-7 condition]. Not later than the 10th day after the date of a
19-8 physical examination performed on an applicant for a beginning
19-9 position in the fire department as required by Section 143.022,
19-10 Local Government Code, the municipality shall provide to the board
19-11 a copy of all documents resulting from the physical examination.
19-12 The board may require additional physical examinations if necessary
19-13 in determining the presence or absence of any preexisting condition
19-14 [to determine whether the applicant meets the minimum physical
19-15 requirements for membership in the fund]. The fund shall pay the
19-16 cost of any additional physical examination the board requires.
19-17 [Within a reasonable time after receiving the examination reports
19-18 of an applicant, the board shall, on the basis of one or more
19-19 physical examinations, determine whether the applicant meets the
19-20 minimum physical requirements for membership in the fund. The
19-21 board shall notify the applicant and the chief of the fire
19-22 department not later than the 10th calendar day after the date of
19-23 the board's decision on the applicant's satisfaction of the minimum
19-24 physical requirements. If the board rejects the applicant, the
19-25 applicant may request further examination by a board of three
19-26 physicians appointed by the board at the expense of the applicant.
20-1 If a physician board finds that an applicant meets the minimum
20-2 physical requirements for membership in the fund, the board shall
20-3 accept the applicant for membership.] If accepted by the board,
20-4 the applicant's membership in the fund is effective on being
20-5 appointed to the position of probationary firefighter.
20-6 (h) If the municipality's actuarially determined
20-7 contribution rate computed in accordance with Subsection (d) of
20-8 this section would exceed the minimum contribution rate specified,
20-9 the benefits payable under Sections 4(d)[, 4(e),] and 7(e) of this
20-10 article may not be paid, an eligible spouse whose benefit is
20-11 reduced under Section 7(b) of this article may not be paid a
20-12 benefit if there are no other eligible survivors, and the
20-13 municipality's actuarially determined contribution rate shall be
20-14 recomputed on the basis of the assumption that those benefits are
20-15 suspended indefinitely. If the recomputation results in an
20-16 actuarially determined contribution rate less than the minimum
20-17 contribution rate specified, a portion of the benefits shall be
20-18 paid, as determined by the board, to the extent that, with the
20-19 payments determined, the two contribution rates are equal. This
20-20 subsection expires July 31, 1999, unless on that date the
20-21 municipality's actuarially determined contribution rate computed in
20-22 accordance with Subsection (d) of this section would exceed the
20-23 minimum contribution rate specified.
20-24 SECTION 11. This Act takes effect November 1, 1999.
20-25 SECTION 12. The importance of this legislation and the
20-26 crowded condition of the calendars in both houses create an
21-1 emergency and an imperative public necessity that the
21-2 constitutional rule requiring bills to be read on three several
21-3 days in each house be suspended, and this rule is hereby suspended.