By:  Armbrister                                       S.B. No. 1129
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to participation and credit in, contributions to, and
 1-2     benefits and administration of the Texas County and District
 1-3     Retirement System.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 841.001, Government Code, is amended by
 1-6     amending Subdivision (5) and adding Subdivisions (16) and (17) to
 1-7     read as follows:
 1-8                 (5)  "Compensation" means the payments that do not
 1-9     exceed $150,000 in a calendar year, indexed in the same manner as
1-10     is provided by Section 401(a)(17) of the Internal Revenue Code of
1-11     1986 (26 U.S.C. Section 417) and that are made to an employee of a
1-12     participating subdivision by the subdivision for service, including
1-13     nonmonetary compensation, the value of which is determined by the
1-14     governing body of the subdivision.  The term does not include
1-15     workers' compensation benefits received by a member under Section
1-16     504.011, Labor Code.
1-17                 (16)  "Supplemental death benefit program" means the
1-18     voluntary, employer-funded optional death benefits program under
1-19     Subchapter F, Chapter 844.  The program constitutes "group-term
1-20     life insurance purchased for employees" as described by Section 79
1-21     of the Internal Revenue Code of 1986.
1-22                 (17)  "Vested member" means a member who may withdraw
1-23     from employment with all participating subdivisions, leave the
1-24     member's accumulated contributions on deposit with the retirement
 2-1     system, and, on meeting the age and length-of-service requirements
 2-2     for service retirement, file an application for retirement and
 2-3     begin to receive a service retirement benefit.
 2-4           SECTION 2.  Section 842.004, Government Code, is amended by
 2-5     adding a new Subsection (e) and redesignating former Subsection (e)
 2-6     as Subsection (f) to read as follows:
 2-7           (e)  If before November 1 of any year a subdivision gives
 2-8     written notice of its intention to the retirement system, the
 2-9     subdivision may terminate coverage under and discontinue
2-10     participation in the supplemental death benefits fund.  A
2-11     termination under this subsection is effective on January 1 of the
2-12     year following the year in which notice is given.
2-13           (f)  If a subdivision has previously discontinued
2-14     participation in the fund, the board of trustees in its discretion
2-15     may restrict the right of the subdivision to participate again.
2-16           SECTION 3.  Subchapter A, Chapter 842, Government Code, is
2-17     amended by adding Section 842.008 to read as follows:
2-18           Sec. 842.008.  NO PARTICIPATION FOR EMPLOYEES HIRED AFTER
2-19     ELECTION.  (a)  A participating subdivision may not terminate
2-20     participation in the retirement system as long as it has any
2-21     liabilities resulting from the participation of current or former
2-22     employees, but it may elect to discontinue enrolling in the
2-23     retirement system nonmembers whose employment or reemployment
2-24     begins after the effective date of an election to discontinue
2-25     enrollment.  If the subdivision has an annually determined
2-26     contribution rate plan, the subdivision must elect to contribute in
 3-1     all future years in which the allocation described by Subsection
 3-2     (b) is necessary at a rate that is either the rate being paid at
 3-3     the time of the election to discontinue enrollment or an integer
 3-4     percent greater than the rate being paid at the time of the
 3-5     election to discontinue enrollment.  The effective date of the
 3-6     election to discontinue enrollment is January 1 of the year
 3-7     following the year in which the election by the subdivision is
 3-8     made.
 3-9           (b)  If a participating subdivision makes the election
3-10     described by Subsection (a), the assets in that subdivision's
3-11     account in the subdivision accumulation fund shall be allocated
3-12     under the priorities provided by this section, with the details of
3-13     the allocation to be determined by the actuary and approved by the
3-14     board of trustees.
3-15           (c)  First priority shall be given to current service credit
3-16     of all members who leave their contributions in the retirement
3-17     system.  If the ratio of the sum of the assets and the actuarial
3-18     present value of future subdivision contributions in excess of
3-19     normal costs, if any, to the actuarial present value of current
3-20     service credits is less than one-to-one, the credits shall be
3-21     proportionally reduced.  The ratio shall be redetermined annually
3-22     and adjustments made as needed.
3-23           (d)  Second priority shall be given to prior service credit,
3-24     multiple matching credit, and supplemental annuities, without
3-25     differentiation.  If the ratio of the sum of the assets and the
3-26     actuarial present value of future subdivision contributions in
 4-1     excess of normal costs, if any, for this priority group remaining
 4-2     after the allocation described by Subsection (c) to the actuarial
 4-3     present value of second priority benefits is less than one-to-one,
 4-4     the annuities and credits may all have to be proportionally
 4-5     reduced.  If the ratio is greater than one-to-one, the annuities
 4-6     and credits may all have to be proportionally increased, except as
 4-7     limited by Subsection (f).  The ratio shall be redetermined
 4-8     annually, and reductions or increases in the annuities and credits
 4-9     shall be made when considered appropriate to bring the ratio closer
4-10     to one-to-one.
4-11           (e)  A subdivision whose assets in the retirement system have
4-12     been allocated under Subsection (b) may not enroll new members
4-13     unless the subdivision applies to the board of trustees for
4-14     approval and receives it.  The board of trustees may not grant
4-15     approval unless the subdivision adopts an order or resolution on
4-16     the terms provided by Subchapter H, Chapter 844.
4-17           (f)  If the participating subdivision is not enrolling new
4-18     members in accordance with Subsection (e), the annuities and
4-19     credits described by Subsections (c) and (d) may not be increased
4-20     to a level that exceeds the greater of the level in effect
4-21     immediately before the time Subsection (b) became applicable or the
4-22     level in effect on December 31, 1992.
4-23           (g)  When the participating subdivision or its successor has
4-24     no employees who are members of the retirement system and has no
4-25     present or potential liabilities resulting from the participation
4-26     of former employees, the subdivision's participation in the
 5-1     retirement system ceases, and the system shall repay to the
 5-2     subdivision or its successor the amount in the subdivision
 5-3     accumulation fund that is credited to the subdivision.  If the
 5-4     participating subdivision is no longer in existence and has no
 5-5     successor when its participation ceases, the amount in the
 5-6     subdivision accumulation fund that is credited to the subdivision
 5-7     shall be transferred to the general reserves account of the
 5-8     endowment fund.
 5-9           (h)  If a subdivision whose assets in the retirement system
5-10     have been allocated under Subsection (b) is allowed to begin
5-11     enrolling new members in accordance with Subsection (e), the
5-12     annuities and credits described by Subsections (c) and (d)
5-13     attributable to contributions made by members before the date the
5-14     subdivision begins enrolling new members:
5-15                 (1)  must be restored to the level in effect
5-16     immediately before Subsection (b) became applicable unless they
5-17     already equal or exceed that level; and
5-18                 (2)  may not be increased above the greater of the
5-19     level in effect immediately before Subsection (b) became applicable
5-20     or the level in effect immediately before the subdivision began
5-21     enrolling new members until the expiration of four calendar years
5-22     after the date the subdivision begins enrolling new members.
5-23           (i)  Before or after the initial allocation under Subsection
5-24     (b) is determined, the subdivision may elect to contribute a
5-25     lump-sum deposit or may elect to contribute in all future years
5-26     that the allocation described by Subsection (b) is necessary at an
 6-1     integer percent greater than the rate being paid at the time of the
 6-2     election of the integer percent, notwithstanding the provisions of
 6-3     Section 844.605 or 844.703.
 6-4           SECTION 4.  Subchapter A, Chapter 842, Government Code, is
 6-5     amended by adding Section 842.009 to read as follows:
 6-6           Sec. 842.009.  SIGNIFICANT REDUCTION IN NUMBER OF
 6-7     CONTRIBUTING MEMBERS.  (a)  If a participating subdivision reduces
 6-8     the number of members in its employment by at least 26 percent but
 6-9     less than 100 percent, or by 100 percent if the reduction is
6-10     expected to last less than 12 months, over the 12-month period
6-11     ending with the preceding December, no other participating
6-12     subdivision has assumed funding of the obligations, and the actuary
6-13     recommends to the board of trustees and the board agrees that this
6-14     subsection shall be applied, the assets in that subdivision's
6-15     account in the subdivision accumulation fund shall be allocated
6-16     under the priorities provided by this section, with the details of
6-17     the allocation to be determined by the actuary and approved by the
6-18     board of trustees.
6-19           (b)  If the subdivision has an annually determined
6-20     contribution rate plan, the subdivision must elect to contribute in
6-21     all future years in which the allocation described by Subsection
6-22     (a) is necessary at a rate that is either the rate being paid at
6-23     the time Subsection (a) is applied or an integer percent greater
6-24     than the rate being paid at the time Subsection (a) is applied.
6-25           (c)  First priority shall be given to current service credit
6-26     of all members who leave their contributions in the retirement
 7-1     system.  If the ratio of the sum of the assets and the actuarial
 7-2     present value of future subdivision contributions in excess of
 7-3     normal costs, if any, to the actuarial present value of current
 7-4     service credits is less than one-to-one, the credits shall be
 7-5     proportionally reduced.  The ratio shall be redetermined annually
 7-6     and adjustments made as needed.
 7-7           (d)  Second priority shall be given to prior service credit,
 7-8     multiple matching credit, and supplemental annuities, without
 7-9     differentiation.  If the ratio of the sum of the assets and the
7-10     actuarial present value of future subdivision contributions in
7-11     excess of normal costs, if any, for this priority group remaining
7-12     after the allocation described by Subsection (c) to the actuarial
7-13     present value of second priority benefits is less than one-to-one,
7-14     the annuities and credits may all have to be proportionally
7-15     reduced.  If the ratio is greater than one-to-one, the annuities
7-16     and credits may all have to be proportionally increased, except as
7-17     limited by Subsection (e).  The ratio shall be redetermined
7-18     annually, and reductions or increases in the annuities and credits
7-19     shall be made when considered appropriate to bring the ratio closer
7-20     to one-to-one.
7-21           (e)  If the actuary has not recommended and the board of
7-22     trustees has not approved ending the allocation described by
7-23     Subsection (a), the annuities and credits described by Subsections
7-24     (c) and (d) may not be increased to a level that exceeds the level
7-25     in effect immediately before Subsection (a) became applicable.
7-26           (f)  If the allocation described by Subsection (a) has been
 8-1     ended by action of the board of trustees on the recommendation of
 8-2     the actuary, the annuities and credits described by Subsections (c)
 8-3     and (d) attributable to contributions made by members before the
 8-4     date the allocation was ended:
 8-5                 (1)  must be restored to the level in effect
 8-6     immediately before Subsection (a) became applicable unless they
 8-7     already equal that level; and
 8-8                 (2)  may not be increased above the level in effect
 8-9     immediately before Subsection (a) became applicable until the
8-10     expiration of four calendar years after the allocation ended.
8-11           (g)  Before or after the initial allocation under Subsection
8-12     (a) is determined, the subdivision may elect to contribute a
8-13     lump-sum deposit or may elect to contribute in all future years
8-14     that the allocation described by Subsection (a) is necessary at an
8-15     integer percent greater than the rate being paid at the time of the
8-16     election of the integer percent, notwithstanding the provisions of
8-17     Section 844.605 and Section 844.703.
8-18           SECTION 5.  Subchapter A, Chapter 842, Government Code, is
8-19     amended by adding Section 842.010 to read as follows:
8-20           Sec. 842.010.  REDUCTION TO NO CONTRIBUTING MEMBERS.  (a)  If
8-21     a participating subdivision is abolished or reduces the number of
8-22     members in its employment to zero, with the reduction expected to
8-23     last at least 12 months, so that it no longer contributes to the
8-24     retirement system and no other participating subdivision has
8-25     assumed funding of the obligations, the assets in that
8-26     subdivision's account in the subdivision accumulation fund shall be
 9-1     allocated under the priorities provided by this section, with the
 9-2     details of the allocation to be determined by the actuary and
 9-3     approved by the board of trustees.  Service retirement will be
 9-4     allowed at age 60 with at least four years of credited service.
 9-5           (b)  First priority shall be given to current service credit
 9-6     of all members who leave their contributions in the retirement
 9-7     system.  If the ratio of the assets to the actuarial present value
 9-8     of current service credits is less than one-to-one, the credits
 9-9     shall be proportionally reduced.  The ratio shall be redetermined
9-10     annually and adjustments made as needed.
9-11           (c)  Second priority shall be given to prior service credit,
9-12     multiple matching credit, and supplemental annuities, without
9-13     differentiation.  If the ratio of the assets for this priority
9-14     group remaining after the allocation described by Subsection (b) to
9-15     the actuarial present value of second priority benefits is less
9-16     than one-to-one, the annuities and credits may all have to be
9-17     proportionally reduced.  If the ratio is greater than one-to-one,
9-18     the annuities and credits may all have to be proportionally
9-19     increased, except as limited by Subsection (e).  The ratio shall be
9-20     redetermined annually, and reductions or increases in the annuities
9-21     and credits shall be made when considered appropriate to bring the
9-22     ratio closer to one-to-one.
9-23           (d)  A subdivision whose assets in the retirement system have
9-24     been allocated under Subsection (a) may not enroll new members
9-25     unless the subdivision applies to the board of trustees for
9-26     approval and receives it.  The board of trustees may not grant
 10-1    approval unless the subdivision adopts an order or resolution on
 10-2    the terms provided by Subchapter H, Chapter 844.
 10-3          (e)  If the participating subdivision is not enrolling new
 10-4    members in accordance with Subsection (d), the annuities and
 10-5    credits described by Subsections (b) and (c) may not be increased
 10-6    to a level that exceeds the level in effect immediately before
 10-7    Subsection (a) became applicable.
 10-8          (f)  When the participating subdivision or its successor has
 10-9    no employees who are members of the retirement system and has no
10-10    present or potential liabilities resulting from the participation
10-11    of former employees, the subdivision's participation in the
10-12    retirement system ceases, and the system shall repay to the
10-13    subdivision or its successor the amount in the subdivision
10-14    accumulation fund that is credited to the subdivision.  If the
10-15    participating subdivision is no longer in existence and has no
10-16    successor when its participation ceases, the amount in the
10-17    subdivision accumulation fund that is credited to the subdivision
10-18    shall be transferred to the general reserves account of the
10-19    endowment fund.
10-20          (g)  If a subdivision whose assets in the retirement system
10-21    have been allocated under Subsection (a) is allowed to begin
10-22    enrolling new members in accordance with Subsection (d), the
10-23    annuities and credits described by Subsections (b) and  (c)
10-24    attributable to contributions made by members before the date the
10-25    subdivision begins enrolling new members:
10-26                (1)  must be restored to the level in effect
 11-1    immediately before Subsection (a) became applicable unless they
 11-2    already equal that level; and
 11-3                (2)  may not be increased above the level in effect
 11-4    immediately before Subsection (a) became applicable until the
 11-5    expiration of four calendar years after the date the subdivision
 11-6    begins enrolling new members.
 11-7          (h)  Before the initial allocation under Subsection (a) is
 11-8    determined, the subdivision may elect to contribute a lump-sum
 11-9    deposit.
11-10          SECTION 6.  Section 842.105, Government Code, is amended to
11-11    read as follows:
11-12          Sec. 842.105.  STATUS AS AN EMPLOYEE.  For the purposes of
11-13    this subtitle, a person has the standing of an employee in a
11-14    participating subdivision if the person:
11-15                (1)  is employed in a position that normally requires
11-16    services from the person for not less than 900 hours a year by a
11-17    community supervision and corrections [judicial district probation]
11-18    department that has executed a contract with the participating
11-19    subdivision under Section 76.006, Government Code [Article 42.12,
11-20    Code of Criminal Procedure]; or
11-21                (2)  is eligible for optional membership in the
11-22    retirement system under Subchapter C.
11-23          SECTION 7.  Subsection (a), Section 842.106, Government Code,
11-24    is amended to read as follows:
11-25          (a)  Except as provided by this section, a person who is
11-26    [not] an employee eligible for membership and is [not] eligible to
 12-1    receive credit in this retirement system for service performed for
 12-2    a subdivision is not [that makes a person] eligible for credit for
 12-3    that service [membership or is creditable] in another pension fund
 12-4    or retirement system that is at least partly supported at public
 12-5    expense.  It is the responsibility of the subdivision to enforce
 12-6    this provision.
 12-7          SECTION 8.  Subsection (a), Section 842.108, Government Code,
 12-8    is amended to read as follows:
 12-9          (a)  A person who is not an employee of any participating
12-10    subdivision and who has not retired may, by written [after]
12-11    application, withdraw from membership in the retirement system, and
12-12    the person's account will be closed and the person will be paid:
12-13                (1)  the accumulated contributions in the member's
12-14    individual account in the employees saving fund; plus
12-15                (2)  interest computed from the beginning of the
12-16    calendar year of withdrawal through the end of the month before the
12-17    month in which withdrawal occurs on the balance in the member's
12-18    individual account in the employees saving fund on January 1 of the
12-19    year of withdrawal [all of the accumulated contributions credited
12-20    to the person's individual account in the employees saving fund,
12-21    and the retirement system shall close the account].
12-22          SECTION 9.  Section 842.109, Government Code, is amended to
12-23    read as follows:
12-24          Sec. 842.109.  TERMINATION OF MEMBERSHIP.  (a)  A person
12-25    terminates membership in the retirement system by:
12-26                (1)  death;
 13-1                (2)  retirement;
 13-2                (3)  withdrawal of all of the person's contributions
 13-3    while absent from service; or
 13-4                (4)  absence from service for five consecutive years
 13-5    [or more either before accumulating enough credited service to
 13-6    enable the person to retire without additional service or] before
 13-7    accumulating four or more years of credited service [with one or
 13-8    more subdivisions that have adopted a program allowing retirement
 13-9    without additional service after accumulation of 12 years of
13-10    credited service].
13-11          (b)  A member of the retirement system is not absent from
13-12    service and continues to accumulate membership credited service if
13-13    the person[:]
13-14                [(1)]  leaves employment with a participating
13-15    subdivision to perform and does perform qualified military service
13-16    in the uniformed services, as that term is defined in the Uniformed
13-17    Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
13-18    Section 4301 et seq.), that meets the requirements of that Act
13-19    [active duty service in the armed forces or the armed forces
13-20    reserves of the United States or an auxiliary of the armed forces
13-21    or reserves,] and if:
13-22                (1) [(A)]  the person applies for reemployment with the
13-23    same subdivision not later than the 90th day after the date the
13-24    person is [released from active duty or] discharged from military
13-25    service under honorable conditions or released from hospitalization
13-26    continuing after being discharged under honorable conditions
 14-1    [release or discharge] for a period of not more than two years [one
 14-2    year]; and
 14-3                (2) [(B)]  the person is reemployed by the same
 14-4    participating subdivision[; or]
 14-5                [(2)  is conscripted and leaves employment with a
 14-6    participating subdivision to perform and does perform war-related
 14-7    service during a state of war or conflict between the armed forces
 14-8    of the United States and a foreign country, and if the person
 14-9    applies for and is reemployed by the same subdivision not later
14-10    than the 90th day after the date the person is released from active
14-11    duty or discharged from military service].
14-12          (c)  On any termination of membership in the retirement
14-13    system, a person forfeits all credited service established in the
14-14    retirement system.
14-15          SECTION 10.  Subsection (f), Section 842.110, Government
14-16    Code, is amended to read as follows:
14-17          (f)  If a person with credited service under this section
14-18    dies before a payment under Subsection (g) is made, the person's
14-19    beneficiary, or if there is no beneficiary surviving, the person's
14-20    spouse, or if there is no surviving spouse, the executor or
14-21    administrator of the person's estate, may elect payment as provided
14-22    by Section 844.407 [844.105(c)].
14-23          SECTION 11.  Subsection (c), Section 842.111, Government
14-24    Code, is amended to read as follows:
14-25          (c)  If a person with credited service under this section
14-26    dies before a payment under Subsection (d) is made, the person's
 15-1    beneficiary or, if no beneficiary survives, the person's spouse, or
 15-2    if there is no surviving spouse, the executor or administrator of
 15-3    the person's estate, may elect payment as provided by Section
 15-4    844.407 [844.105(c)].
 15-5          SECTION 12.  Section 842.112, Government Code, is amended by
 15-6    amending Subsection (c) and adding Subsection (i) to read as
 15-7    follows:
 15-8          (c)  Except as provided by Subsection (i), a [A] correction
 15-9    may not be made unless the retirement system receives, in addition
15-10    to the application, each of the items required under Subsections
15-11    (d), (e), and (f), and one of the following:
15-12                (1)  a written agreement, approved by the subdivision's
15-13    governing body, stating that an error has occurred and that the
15-14    subdivision has agreed to correct that [the] error;
15-15                (2)  a final judgment by a court of competent
15-16    jurisdiction in proceedings to which the subdivision was a party,
15-17    ordering that the subdivision correct the error; or
15-18                (3)  an order in an administrative proceeding to which
15-19    the subdivision was a party, directing that the subdivision correct
15-20    the error, that is no longer subject to appeal.
15-21          (i)  The correction of an error affecting not more than three
15-22    monthly reports within a period of not more than three consecutive
15-23    months may be made on the basis of the application alone if the
15-24    application, the supplemental report, and the payment required by
15-25    this section are received by the retirement system within six
15-26    months after the first day of the first month for which the
 16-1    correction is being made.
 16-2          SECTION 13.  Section 842.112, Government Code, is amended by
 16-3    adding Subsections (j) and (k) to read as follows:
 16-4          (j)  If, as a result of a suit against a participating
 16-5    subdivision in a court of competent jurisdiction, a person receives
 16-6    a judgment against a subdivision ordering that the person be
 16-7    reinstated as an employee of the subdivision retroactively to the
 16-8    date the person's employment was terminated and ordering that the
 16-9    person receive credit toward retirement for the reinstated service,
16-10    on written application to the retirement system, the system shall
16-11    grant the service credit if:
16-12                (1)  the judgment has become final and is no longer
16-13    subject to appeal;
16-14                (2)  a certified copy of the judgment accompanies the
16-15    application;
16-16                (3)  the retirement system receives payment from the
16-17    person in an amount equal to the contributions the person would
16-18    have made to the system if the employment had not been terminated
16-19    and the service reported to the system; and
16-20                (4)  the retirement system receives payment from the
16-21    subdivision in an amount equal to the additional contributions that
16-22    the subdivision would have made to the system for the additional
16-23    credited service.
16-24          (k)  If a person to whom Subsection (j) applies has forfeited
16-25    service credit as a result of withdrawal of contributions during
16-26    the time between the termination of employment and the date of
 17-1    reinstatement, the person is eligible to reestablish credit under
 17-2    Section 843.003.  For purposes of this subsection, forfeited credit
 17-3    based on service performed for more than one participating
 17-4    subdivision is considered to have been credit for service performed
 17-5    only for the subdivision that is subject to the judgment, except
 17-6    that credit may not be reinstated under this subsection for service
 17-7    performed after the date of the termination of employment that
 17-8    resulted in the judgment.
 17-9          SECTION 14.  Subsection (d), Section 843.105, Government
17-10    Code, is amended to read as follows:
17-11          (d)  Interest is earned [for each whole year] on an allocated
17-12    prior service credit from the effective date of membership to the
17-13    effective date of retirement at the applicable rate for the period
17-14    as provided by Section 845.314.
17-15          SECTION 15.  Subsection (d), Section  843.201, Government
17-16    Code, is amended to read as follows:
17-17          (d)  Allocated prior service credits are allowable for a
17-18    subdivision only if [the retirement system's actuary certifies
17-19    that]:
17-20                (1)  [the subdivision contribution rate will not exceed
17-21    the employee contribution rate plus three percent, if] the
17-22    subdivision has adopted the provisions for an annually determined
17-23    contribution rate plan under Subchapter H, Chapter 844; or
17-24                (2)  the retirement system's actuary determines that
17-25    the subdivision's unfunded actuarial accrued liability amortization
17-26    period will be less than 25 years, if the subdivision has not
 18-1    adopted the provisions of Subchapter H, Chapter 844.
 18-2          SECTION 16.  Subsection (a), Section 843.203, Government
 18-3    Code, is amended to read as follows:
 18-4          (a)  The governing body of a subdivision that has taken over
 18-5    the facilities of a hospital, utility, or other public facility
 18-6    formerly operated by another participating subdivision may assume
 18-7    in whole or in part the obligations that the former employer had
 18-8    undertaken under this subtitle by reason of service performed by
 18-9    members of the system who become employees of the subdivision
18-10    seeking to participate in the system.  A subdivision participating
18-11    in the system that could have assumed the obligations of another
18-12    subdivision had this section been in effect at time of
18-13    participation may assume in whole or in part the obligations that
18-14    the subdivision that was the first employer had undertaken by
18-15    reason of service rendered by members who became employees of the
18-16    subdivision that is the second employer.  The governing body of a
18-17    subdivision that assumes the obligations of another subdivision
18-18    under this section may make a lump-sum deposit to the account of
18-19    the other subdivision in the retirement system, in an amount
18-20    computed by the retirement system's actuary, on terms that are
18-21    agreed to in writing by the affected subdivisions and approved by
18-22    the board of trustees.  Assumptions under this section shall be by
18-23    written agreement between the affected subdivisions and are subject
18-24    to approval of the board of trustees.  An agreement under this
18-25    section may be amended in writing by the affected subdivisions if
18-26    the amendment is approved by the board of trustees.
 19-1          SECTION 17.  Subsection (d), Section 843.403, Government
 19-2    Code, is amended to read as follows:
 19-3          (d)  Interest is earned [for each whole calendar year] on a
 19-4    current service credit or multiple matching credit from the end of
 19-5    each calendar year to the effective date of the member's retirement
 19-6    at the rate credited annually to a member's individual account in
 19-7    the employees saving fund.
 19-8          SECTION 18.  Section 843.501, Government Code, is amended to
 19-9    read as follows:
19-10          Sec. 843.501.  LEGISLATIVE SERVICE.  (a)  A member may
19-11    establish credit for current service in the retirement system for
19-12    service performed as a member of the legislature[, if the member
19-13    deposits with the system a contribution in an amount computed for
19-14    each month of service claimed at the contribution rate currently
19-15    required of an employee of the subdivision that employs the member,
19-16    multiplied by $400.  On the member's making a deposit, the
19-17    employing subdivision shall deposit with the retirement system a
19-18    contribution in an amount equal to the amount deposited by the
19-19    member].
19-20          [(b)]  A member claiming credit for previous legislative
19-21    service shall file a detailed statement of the service with the
19-22    treasurer or other disbursing officer of the subdivision by which
19-23    the member is currently employed.  As soon as practicable after the
19-24    filing of a statement, the employing subdivision shall verify the
19-25    service claimed and certify to the board of trustees the amount of
19-26    service approved.
 20-1          (b)  Credit may not be established under this section for
 20-2    service that is credited by another retirement system or program
 20-3    established or governed by state law.
 20-4          SECTION 19.  Section 843.601, Government Code, is amended to
 20-5    read as follows:
 20-6          Sec. 843.601.  CURRENT SERVICE FOR QUALIFIED MILITARY SERVICE
 20-7    [MILITARY DUTY].  (a)  In this section, "qualified military
 20-8    service" means service in the uniformed services, as that term is
 20-9    defined in the Uniformed Services Employment and Reemployment
20-10    Rights Act of 1994 (38 U.S.C. Section 4301 et seq.), that meets the
20-11    requirements of that Act as it now exists or is amended as to the
20-12    character of service performed.
20-13          (b)  All members of the retirement system are entitled to
20-14    receive credit for qualified military service that is subject to
20-15    the Uniformed Services Employment and Reemployment Rights Act of
20-16    1994 (38 U.S.C. Section 4301 et seq.).  Notwithstanding any
20-17    provision of this subtitle to the contrary, contributions,
20-18    benefits, and service credit for qualified military service will be
20-19    provided in accordance with Section 414(u) of the Internal Revenue
20-20    Code of 1986.  The board of trustees may adopt rules that modify
20-21    the terms of this subtitle for the purpose of compliance with the
20-22    provisions of that Act.
20-23          (c)  The governing body of a participating subdivision also
20-24    may, on the terms provided by Section 844.704, authorize the
20-25    establishment of credit for current service in the retirement
20-26    system for qualified military service as provided by this
 21-1    subsection.  Qualified military service includes military service
 21-2    before becoming an employee of the subdivision.  A member eligible
 21-3    to establish credit under this subsection is one who has performed
 21-4    as an employee at least 10 years of service that is credited in the
 21-5    retirement system and who does not receive and is not eligible to
 21-6    receive federal retirement payments based on 20 years or more of
 21-7    active federal military duty or its equivalent.  An eligible member
 21-8    may establish credit under this subsection by filing with the
 21-9    retirement system an application for the credit.
21-10          (d)  A subdivision whose governing body authorized "current
21-11    service for military duty" before December 31, 1999, has authorized
21-12    credit for current service under Subsection (c).
21-13          (e)  Except for service credit established with the
21-14    retirement system before December 31, 1999, the maximum amount of
21-15    credited service that a person may receive under this section is
21-16    five years.  If a person would receive more than five years of
21-17    service credit as a result of having received credit under
21-18    Subsection (c) before receiving credit under Subsection (b),
21-19    service credit under Subsection (c) shall be canceled to the extent
21-20    necessary to reduce the total to five years of credit  [The
21-21    governing body of a participating subdivision may, on the terms
21-22    provided by Section 844.201, authorize the establishment of credit
21-23    for current service in the retirement system for military service
21-24    creditable as provided by this section.]
21-25          [(b)  Military service creditable in the retirement system
21-26    under this section is service as a member of the armed forces of
 22-1    the United States during a time, or before the first anniversary of
 22-2    the last day of a time, that the United States is or was engaged
 22-3    in:]
 22-4                [(1)  organized conflict with foreign forces, whether a
 22-5    state of war or a police action; or]
 22-6                [(2)  a crisis in this country.]
 22-7          [(c)  The board of trustees by rule shall determine the
 22-8    periods recognized for purposes of this subtitle as times of
 22-9    organized conflict or crisis.]
22-10          [(d)  A member eligible to establish credit under this
22-11    section is one who:]
22-12                [(1)  does not receive and is not eligible to receive
22-13    federal retirement payments based on 20 years or more of active
22-14    federal military duty or its equivalent;]
22-15                [(2)  has been released from military duty under
22-16    conditions not dishonorable;]
22-17                [(3)  became a member of the retirement system after
22-18    release from military duty; and]
22-19                [(4) has performed as an employee at least 10 years of
22-20    service that is credited in the retirement system.]
22-21          [(e)  An eligible member may establish credit under this
22-22    section by filing with the retirement system an application for the
22-23    credit.  An application must be accompanied by a contribution in an
22-24    amount computed as the number of months of service claimed under
22-25    this section, times the lesser of:]
22-26                [(1)  the member's average monthly contribution for the
 23-1    first 12 months as an employee after becoming a member of the
 23-2    retirement system; or]
 23-3                [(2)  $15.]
 23-4          [(f)  If a member makes a deposit under Subsection (e), the
 23-5    subdivision shall deposit with the retirement system a contribution
 23-6    in an amount equal to the amount deposited under Subsection (e).]
 23-7          [(g)  The maximum amount of current credited service that may
 23-8    be established under this section is:]
 23-9                [(1)  3 years, if the member has performed as an
23-10    employee at least 10 but less than 15 years of service that is
23-11    credited in the retirement system; or]
23-12                [(2)  5 years, if the member has performed as an
23-13    employee at least 15 years of service that is credited in the
23-14    system].
23-15          (f) [(h)]  Credit may not be established under this section
23-16    for service that is [simultaneously] credited by another retirement
23-17    system or program established or governed by state law.
23-18          SECTION 20.  Section 843.701, Government Code, is amended to
23-19    read as follows:
23-20          Sec. 843.701.  INCREASE IN PRIOR SERVICE CREDITS.  The
23-21    governing body of a participating subdivision may not[, on the
23-22    terms provided by Section 844.201,] increase the percentage of
23-23    maximum prior service credits used in determining the allocated
23-24    prior service credits under Section 843.105 except on the terms
23-25    provided by Subchapter H, Chapter 844 [previously granted and in
23-26    effect concerning prior service with the subdivision].
 24-1          SECTION 21.  Section 843.703, Government Code, is amended to
 24-2    read as follows:
 24-3          Sec. 843.703.  INCREASE IN MULTIPLE MATCHING CREDITS.
 24-4    [(a)]  The governing body of a participating subdivision may not[,
 24-5    on the terms provided by Section 844.201,] increase the percentage
 24-6    used in determining multiple matching credits under Section 843.403
 24-7    except on the terms provided by Subchapter H, Chapter 844
 24-8    [843.403(c)].
 24-9          [(b)  A percentage increase in multiple matching credits must
24-10    be in a multiple of 10 percent of the amount of member
24-11    contributions and must be applied to all members and annuitants who
24-12    have performed or subsequently perform current service that is
24-13    credited with the subdivision in the retirement system.]
24-14          SECTION 22.  Subsection (c), Section 844.002, Government
24-15    Code, is amended to read as follows:
24-16          (c)  A supplemental annuity is an amount payable from the
24-17    subdivision accumulation fund, subject to reduction under Section
24-18    842.008(d), 842.009(d), 842.010(c), [842.004(c)] or 845.307(c), and
24-19    is actuarially determined from the sum of:
24-20                (1)  a member's allocated prior service credit,
24-21    accumulated at interest as provided by Section 843.105(d); and
24-22                (2)  a member's multiple matching credit, accumulated
24-23    at interest as provided by Section 843.403(d).
24-24          SECTION 23.  Section 844.003, Government Code, is amended by
24-25    amending Subsections (b) and (c) and adding Subsection (e) to read
24-26    as follows:
 25-1          (b)  If a member who is eligible under Section 844.407
 25-2    [844.105, 844.106, 844.203, 844.204, 844.207(e), or 844.210(e)] to
 25-3    select an optional retirement annuity dies before retirement, the
 25-4    member is considered to have retired on the last day of the month
 25-5    before the month in which death occurred [or on the day before the
 25-6    first anniversary of the effective date of the person's membership,
 25-7    whichever is later].
 25-8          (c)  Except as provided by Subsection (b), the effective date
 25-9    of a member's disability retirement is the date designated on the
25-10    application for retirement filed by or for the member as provided
25-11    by Section 844.301, but the date must be the last day of a calendar
25-12    month and may not precede the date the member terminates employment
25-13    with all participating subdivisions.
25-14          (e)  Notwithstanding Subsections (a), (b), and (c), the
25-15    effective retirement date of a member may not precede the first
25-16    anniversary of the earlier of the effective date of the person's
25-17    membership in the retirement system or the effective date of
25-18    participation of the subdivision from which the member had most
25-19    recently earned credited service.
25-20          SECTION 24.  Section 844.006, Government Code, is amended by
25-21    amending Subsection (c) and adding Subsection (f) to read as
25-22    follows:
25-23          (c)  A retiree who selected an optional annuity under Section
25-24    844.104(c)(1), (c)(2), (c)(5), or (c)(6) or Section 844.305(c)(1),
25-25    (c)(2), (c)(5), or (c)(6) may revoke the designation of the
25-26    beneficiary to receive the annuity on the death of the retiree, if
 26-1    a court of competent jurisdiction in a divorce proceeding involving
 26-2    the retiree and beneficiary awards to the retiree the entire
 26-3    retirement benefit earned by the retiree.  The order awarding the
 26-4    retirement benefit may be set forth in the divorce decree or in an
 26-5    order approving the terms of a property settlement agreement
 26-6    incident to the divorce of the retiree and beneficiary but must be
 26-7    dated on or after December 31, 1999.  The revocation takes effect
 26-8    when the retirement system receives it and cancels the optional
 26-9    annuity selection made by the retiree.  Beginning with the month
26-10    following the month in which the retirement system receives the
26-11    notice of revocation, the retiree is entitled to receive a standard
26-12    service or disability retirement annuity, as applicable, in the
26-13    same amount that the retiree would receive for the same month if
26-14    the retiree had originally retired with a standard service or
26-15    disability retirement annuity [Any selection and designation of
26-16    beneficiary under Subsection (a) or (b) must be in writing on forms
26-17    prescribed by the board of trustees and becomes effective on filing
26-18    with the director].
26-19          (f)  The retirement system by rule may establish requirements
26-20    for forms, documentation, and procedures necessary or desirable for
26-21    the administration of this section.
26-22          SECTION 25.  Subsections (a) and (b), Section 844.007,
26-23    Government Code, are amended to read as follows:
26-24          (a)  The [Except as provided by Subsection (g), the]
26-25    adjustments prescribed in this section shall be made in computing
26-26    the benefits of and to the accounts of any member who retires
 27-1    effective at the end of any month other than December.
 27-2          (b)  Interest [Through December 31, 1995, current and
 27-3    supplemental interest will be credited on the balance in the
 27-4    member's individual account in the employees saving fund on January
 27-5    1 of the year of retirement from that date to the effective date of
 27-6    retirement at the rates allowed on individual accounts of members
 27-7    as of December 31 of the preceding year.  For periods that begin
 27-8    after December 31, 1995, interest] will be credited on the balance
 27-9    in the member's individual account in the employees saving fund on
27-10    January 1 of the year of retirement from that date to the effective
27-11    date of retirement.
27-12          SECTION 26.  Section 844.101, Government Code, is amended to
27-13    read as follows:
27-14          Sec. 844.101.  APPLICATION FOR SERVICE RETIREMENT ANNUITY.  A
27-15    member may apply for a service retirement annuity by filing an
27-16    application for retirement with the board of trustees on or [not
27-17    less than 15 days] before the member's effective retirement date
27-18    designated on the application.
27-19          SECTION 27.  Section 844.102, Government Code, is amended to
27-20    read as follows:
27-21          Sec. 844.102.  ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.
27-22    [(a)]  A member is eligible[, beginning on the first anniversary of
27-23    the effective date of the person's membership,] to apply for
27-24    [retire] and receive a service retirement annuity, if the member:
27-25                (1)  is at least 60 years old and has at least 12 years
27-26    of credited service in the retirement system; [or]
 28-1                (2)  has at least 30 years of credited service in the
 28-2    retirement system; or
 28-3                (3)  has met the eligibility requirements for service
 28-4    retirement under Section 844.207, 844.210, or 844.211.
 28-5          [(b)  A member may terminate employment with all
 28-6    participating subdivisions and, beginning on the first anniversary
 28-7    of the effective date of the person's membership, remain eligible
 28-8    to retire and receive a service retirement annuity at any time
 28-9    after the member attains the age of 60, if the member has at least
28-10    20 years of credited service in the retirement system.]
28-11          [(c)  A member whose most recent service was performed for a
28-12    subdivision having an effective date of participation in the
28-13    retirement system after August 31, 1979, may terminate employment
28-14    with all participating subdivisions and remain eligible to retire
28-15    and receive a service retirement annuity at any time after the
28-16    member attains the age of 60, if the member has at least 12 years
28-17    of credited service performed for one or more subdivisions that are
28-18    either subject to this subsection or have adopted a like provision
28-19    under Section 844.202.]
28-20          SECTION 28.  Subsection (j), Section 844.104, Government
28-21    Code, is amended to read as follows:
28-22          (j)  A retiree who dies before the 31st day after the
28-23    effective date of service retirement and who did not select an
28-24    optional service retirement annuity before death is considered to
28-25    have selected an optional annuity under Subsection (c)(7) [(c)(4)].
28-26    Alternatively, the decedent's beneficiary may elect to receive a
 29-1    refund of the decedent's accumulated contributions under Section
 29-2    844.401, in which case the decedent will be considered to have been
 29-3    a contributing member at the time of death.
 29-4          SECTION 29.  Section 844.202, Government Code, is amended to
 29-5    read as follows:
 29-6          Sec. 844.202.  VESTED ELIGIBILITY TO FUTURE RETIREMENT
 29-7    [OPTIONAL SERVICE RETIREMENT ELIGIBILITY].  A [(a)  The governing
 29-8    body of a participating subdivision may authorize an employee of
 29-9    the subdivision who is a] member of the retirement system is a
29-10    vested member and may [to] terminate employment with all
29-11    participating subdivisions [the subdivision] and remain eligible to
29-12    retire and receive a service retirement annuity at any time after
29-13    the member attains the age of 60, if the member leaves the member's
29-14    accumulated contributions on deposit with the retirement system
29-15    and:
29-16                (1)  has at least 12 years of credited service;
29-17                (2)  has at least 10 years of Section 844.207 credited
29-18    service; or
29-19                (3)  has at least 8 years of Section 844.210 credited
29-20    service [performed for one or more subdivisions that either have
29-21    authorized the eligibility under this section or are subject to
29-22    Section 844.102(c)].
29-23          [(b)  The governing body of a subdivision may not authorize
29-24    eligibility for service retirement under this section except on the
29-25    terms provided by Section 844.201.]
29-26          SECTION 30.  Section 844.207, Government Code, is amended to
 30-1    read as follows:
 30-2          Sec. 844.207.  OPTIONAL BENEFIT ELIGIBILITY PLAN.  (a)  The
 30-3    provisions of this section shall apply to all subdivisions that
 30-4    [which] elect after September 1, 1985, to begin participation in
 30-5    the retirement system.  Subject to the conditions in this section
 30-6    [below], the governing body of any subdivision participating as of
 30-7    September 1, 1985, may adopt the plan provisions of this section.
 30-8          (b)  The term "Section 844.207 credited service" as used in
 30-9    this section means credited service performed for one or more
30-10    participating subdivisions that have adopted the plan provisions of
30-11    this section or the plan provisions of Section 844.210.
30-12          (c)  A member is [shall be] eligible[, beginning on the first
30-13    anniversary date of the person's membership,] to apply for [retire]
30-14    and receive a service retirement annuity, if the member:
30-15                (1)  is at least 60 years old and has at least 10 years
30-16    of Section 844.207 credited service in the retirement system; or
30-17                (2)  is less than 60 years old and has sufficient years
30-18    of Section 844.207 credited service in the retirement system that,
30-19    when that [such] number is added to the years of attained age of
30-20    the member, produces a sum equal to or in excess of the number 80;
30-21    or
30-22                (3)  if the member is eligible for service retirement
30-23    under any other provision of this subtitle.
30-24          (d)  A member who has 10 years or more of Section 844.207
30-25    credited service is a vested member for purposes of Sections
30-26    844.202, 844.302, and 844.303 [If a member has 10 years or more of
 31-1    Section 844.207 credited service in the retirement system,
 31-2    subsequent absence from service shall not terminate membership, and
 31-3    unless membership is otherwise terminated, the member shall be
 31-4    eligible to retire and receive a service retirement annuity at any
 31-5    time after the member attains the age of 60 years].
 31-6          (e)  A member who on December 31, 1999, has any Section
 31-7    844.207 credited service, whose membership in the retirement system
 31-8    continues after that date without interruption, and who accumulates
 31-9    four years or more of Section 844.207 credited service is eligible
31-10    to receive a service retirement benefit when the number of years of
31-11    Section 844.207 credited service added to the years of the member's
31-12    attained age equals or exceeds the number 80 [An employee of a
31-13    participating subdivision which has adopted the plan provisions of
31-14    this section may select an optional service retirement annuity in
31-15    the manner and under the conditions provided in Section 844.105, if
31-16    the member:]
31-17                [(1)  has 10 or more years of Section 844.207 credited
31-18    service in the retirement system and has attained the age of 60
31-19    years; or]
31-20                [(2)  has at least 20 years of Section 844.207 credited
31-21    service or is otherwise eligible to make such selection of an
31-22    optional service retirement annuity under the provisions of Section
31-23    844.105, 844.106, 844.203, or 844.204.]
31-24          [If a member who is authorized under this subsection to
31-25    select an optional service retirement annuity dies before
31-26    retirement without having made a selection, the member's surviving
 32-1    spouse or the executor or administrator of the member's estate may
 32-2    make the selection provided by Section 844.105 under the terms of
 32-3    that subsection.]
 32-4          [(f)  A member who has 10 years or more of Section 844.207
 32-5    credited service in the retirement system is eligible to retire and
 32-6    receive a disability retirement annuity if the member is the
 32-7    subject of a certification issued as provided in Section
 32-8    844.303(b)(2); but a member is not entitled to retire for
 32-9    disability before the first anniversary of the effective date of
32-10    the person's membership.  A member eligible to receive a disability
32-11    retirement annuity under this subsection may, if the member is
32-12    eligible for service retirement, elect to receive a service
32-13    retirement annuity but may not receive both annuities.]
32-14          [(g)  For the purposes of Subsections (c), (d), (e), and (f),
32-15    each month of credited service under Section 844.210 is considered
32-16    a month of Section 844.207 credited service].
32-17          (f) [(h)]  After 1991, the governing body of a subdivision
32-18    may not adopt the plan provisions of this section except on the
32-19    terms provided by Subchapter H [of this chapter].
32-20          SECTION 31.  Section 844.209, Government Code, is amended to
32-21    read as follows:
32-22          Sec. 844.209.  ALTERNATIVE OPTIONAL INCREASE IN RETIREMENT
32-23    ANNUITIES [OPTIONAL BENEFIT FOR SURVIVING BENEFICIARY OF VESTED
32-24    MEMBER].  (a)  The governing body of a participating subdivision,
32-25    from time to time but not more frequently than once in each
32-26    12-month period, may provide for increased annuities to be paid to
 33-1    retirees and beneficiaries of deceased retirees of the subdivision.
 33-2    The governing body of the subdivision may not elect an increase in
 33-3    retirement annuities under Section 844.208 and under this section
 33-4    in the same 12-month period.
 33-5          (b)  An increase under this section applies to all annuities
 33-6    for which the effective retirement date is at least twelve months
 33-7    before the effective date of the increase.
 33-8          (c)  The amount of annuity increase under this section is
 33-9    computed as the sum of the person's basic and supplemental
33-10    annuities on the effective date of the increase multiplied by the
33-11    integer percentage increase specified by the governing body for all
33-12    annuitants in the order or resolution adopting the increase.
33-13          (d)  Except as provided by Subsection (g), the effective date
33-14    of an order or resolution under this section is January 1 of the
33-15    year that begins after the year in which the governing body adopts
33-16    and notifies the retirement system of the order or resolution.
33-17          (e)  An increase in an annuity that was reduced because of an
33-18    option selection is reducible in the same proportion and in the
33-19    same manner that the original annuity was reduced.
33-20          (f)  The amount of an increase under this section is payable
33-21    as a supplemental annuity, is an obligation of the subdivision's
33-22    account in the subdivision accumulation fund, and is subject to
33-23    reduction under Section 845.307(c).
33-24          (g)  The governing body of a subdivision may not adopt an
33-25    order or resolution under this section except on the terms provided
33-26    by Subchapter H.  [This section applies to all subdivisions that
 34-1    elect after December 31, 1991, to begin participation in the
 34-2    retirement system.  Subject to the conditions provided by this
 34-3    section, the governing body of any subdivision participating before
 34-4    January 1, 1992, may adopt the plan provisions of this section.]
 34-5          [(b)  If a member who has sufficient credited service
 34-6    performed for subdivisions that have adopted or are subject to this
 34-7    section to entitle the member to withdraw from service, to leave on
 34-8    deposit with the retirement system the member's accumulated
 34-9    contributions, and, on attainment of an age prescribed by this
34-10    subtitle, to retire with a service retirement benefit dies before
34-11    becoming eligible for deferred service retirement and leaves
34-12    surviving a person whom the member has designated as beneficiary
34-13    entitled to payment of the member's accumulated contributions if
34-14    the member dies before retirement, the surviving beneficiary may by
34-15    written notice filed with the board elect to receive, in lieu of
34-16    the accumulated deposits, an annuity payable during the lifetime of
34-17    the surviving beneficiary in the amount that would have been
34-18    payable to the surviving beneficiary had the member retired on the
34-19    last day of the month preceding the month in which death occurred
34-20    under an optional annuity described by Section 844.104(c)(1).]
34-21          [(c)  At any time before the first annuity payment, a
34-22    surviving beneficiary to whom this section applies may, after
34-23    filing a written application with the board of trustees, receive
34-24    payment of the accumulated contributions credited to the account of
34-25    the member in lieu of any benefits otherwise payable under this
34-26    section.  If the surviving beneficiary dies before the first
 35-1    payment of an annuity allowed under this section, the accumulated
 35-2    contributions credited to the account of the member will be paid to
 35-3    the estate of the beneficiary.]
 35-4          [(d)  The governing body of a subdivision may not adopt the
 35-5    plan provisions of this section except on the terms provided by
 35-6    Subchapter H of this chapter.]
 35-7          [(e)  The benefit payable under Subsection (b) is payable as
 35-8    if the member had retired on the later of December 31, 1993, or the
 35-9    last day of the month preceding the month in which death occurred.
35-10    Any benefit payments under this section must begin within one year
35-11    after the later of December 31, 1993, or the last day of the month
35-12    preceding the month in which death occurred.  A benefit payable
35-13    under Subsection (b) because of the death of a person who died
35-14    before January 1, 1994, is computed based on the benefit that would
35-15    have been payable if the death had occurred on January 1, 1994.]
35-16          [(f)  If a member to whom Subsection (b) would be applicable
35-17    designates the member's estate or more than one but not more than
35-18    three persons to receive payment of the member's accumulated
35-19    contributions if the member dies before becoming eligible to make a
35-20    selection under Section 844.105, 844.106, 844.207, or 844.210, the
35-21    executor or administrator of the estate or, if there is no executor
35-22    or administrator, the surviving beneficiaries may by written notice
35-23    filed with the board elect to receive, in lieu of the accumulated
35-24    deposits, the optional benefit described by Section 844.104(c)(4).
35-25    If the estate is not the beneficiary, the election may only be made
35-26    if all of the beneficiaries agree in writing on the selection of
 36-1    the option.  If any surviving beneficiary dies before the first
 36-2    payment of an annuity allowed under this section, the annuity will
 36-3    be paid to those beneficiaries who are still surviving on the date
 36-4    of the first payment.]
 36-5          [(g)  If a member to whom Subsection (b) otherwise would be
 36-6    applicable dies without having a valid beneficiary designation on
 36-7    file with the retirement system, the member's estate will be
 36-8    considered to be the designated beneficiary if the member died
 36-9    before becoming eligible to make a selection under Section 844.105,
36-10    844.106, 844.207, or 844.210.  The executor or administrator of the
36-11    estate or, if there is no executor or administrator, the persons
36-12    entitled to receive the member's estate may elect to receive, in
36-13    lieu of the accumulated deposits, the optional benefit described by
36-14    Section 844.104(c)(4).  The election may be made only by filing
36-15    written notice with the board of trustees together with either a
36-16    certified copy of the court order or an affidavit meeting the
36-17    requirements of Section 137, Texas Probate Code.  An election by
36-18    those persons may be made only if all of the persons entitled to
36-19    the member's accumulated contributions agree in writing on the
36-20    selection of the option.]
36-21          SECTION 32.  Section 844.210, Government Code, is amended to
36-22    read as follows:
36-23          Sec. 844.210.  OPTIONAL BENEFIT ELIGIBILITY PLAN TWO.
36-24    (a)  Subject to Subsection (f) [(h)], the governing body of a
36-25    participating subdivision may adopt the plan provisions of this
36-26    section.
 37-1          (b)  In this section "Section 844.210 credited service" means
 37-2    credited service performed for one or more participating
 37-3    subdivisions that have adopted the plan provisions of this section.
 37-4          (c)  A member is eligible[, beginning on the first
 37-5    anniversary of the person's membership,] to apply for [retire] and
 37-6    receive a service retirement annuity if the member:
 37-7                (1)  is at least 60 years old and has at least eight
 37-8    years of Section 844.210 credited service in the retirement system;
 37-9                (2)  is less than 60 years old and has sufficient years
37-10    of Section 844.210 credited service in the retirement system that,
37-11    when added to the years of the member's attained age, produces a
37-12    sum equal to or in excess of the number 80; or
37-13                (3)  is eligible for service retirement under any other
37-14    provision of this subtitle.
37-15          (d)  A member who [If a member] has eight years or more of
37-16    Section 844.210 credited service in the retirement system is a
37-17    vested member for purposes of Sections 844.202, 844.302, and
37-18    844.303[, subsequent absence from service does not terminate
37-19    membership, and unless membership is otherwise terminated, the
37-20    member is eligible to retire and receive a service retirement
37-21    annuity at any time after the member attains the age of 60 years].
37-22          (e)  A member who on December 31, 1999, has any Section
37-23    844.210 credited service, whose membership in the retirement system
37-24    continues after that date without interruption, and who accumulates
37-25    four years or more of Section 844.210 credited service is eligible
37-26    to receive a service retirement benefit when the number of years of
 38-1    Section 844.210 credited service added to the years of the member's
 38-2    attained age equals or exceeds the number 80.  For purposes of this
 38-3    subsection, Section 844.210 credited service also includes credited
 38-4    service performed for one or more subdivisions that have adopted
 38-5    the plan provisions of Section 844.207 [An employee of a
 38-6    participating subdivision that has adopted the plan provisions of
 38-7    this section may select an optional service retirement annuity in
 38-8    the manner and under the conditions provided by Section 844.105 if
 38-9    the member:]
38-10                [(1)  has at least eight years of Section 844.210
38-11    credited service in the retirement system and has attained the age
38-12    of 60 years; or]
38-13                [(2)  has at least 20 years of Section 844.210 credited
38-14    service or is otherwise eligible to make a selection of an optional
38-15    service retirement annuity under Section 844.105, 844.106, 844.203,
38-16    844.204, or 844.207.]
38-17          [(f)  If a member who is authorized under Subsection (e) to
38-18    select an optional service retirement annuity dies before
38-19    retirement without having made a selection, the member's surviving
38-20    spouse or the executor or administrator of the member's estate may
38-21    make the selection provided by Section 844.105 under the terms of
38-22    that section.]
38-23          [(g)  A member who has at least eight years of Section
38-24    844.210 credited service in the retirement system is eligible to
38-25    retire and receive a disability retirement annuity if the member is
38-26    the subject of a certification issued as provided by Section
 39-1    844.303(b)(2), except that a member is not eligible to retire for
 39-2    disability before the first anniversary of the effective date of
 39-3    the person's membership.  A member eligible to receive a disability
 39-4    retirement annuity under this subsection may, if the member is
 39-5    eligible for service retirement, elect to receive a service
 39-6    retirement annuity but may not receive both annuities].
 39-7          (f) [(h)]  The governing body of a subdivision may not adopt
 39-8    the plan provisions of this section except on the terms provided by
 39-9    Subchapter H [of this chapter].
39-10          SECTION 33.  Section 844.211, Government Code, is amended to
39-11    read as follows:
39-12          Sec. 844.211.  OPTIONAL BENEFIT ELIGIBILITY PLAN THREE.
39-13    (a)  Subject to Subsection (e) [(d)], the governing body of a
39-14    participating subdivision may adopt the plan provisions of this
39-15    section.
39-16          (b)  In this section "Section 844.211 credited service" means
39-17    credited service performed for one or more participating
39-18    subdivisions that have adopted the plan provisions of this section.
39-19          (c)  A member is eligible[, beginning on the first
39-20    anniversary of the person's membership,] to apply for [retire] and
39-21    receive a service retirement annuity if the member:
39-22                (1)  is less than 60 years old and has sufficient years
39-23    of Section 844.211 credited service in the retirement system that,
39-24    when added to the years of the member's attained age, produces a
39-25    sum equal to or in excess of the number 75; or
39-26                (2)  is eligible for service retirement under any other
 40-1    provision of this subtitle.
 40-2          (d)  A member who on December 31, 1999, has any Section
 40-3    844.211 credited service, whose membership in the retirement system
 40-4    continues after that date without interruption, and who accumulates
 40-5    four years or more of Section 844.211 credited service is eligible
 40-6    to receive a service retirement benefit when the number of years of
 40-7    that credited service added to the years of the member's attained
 40-8    age equals or exceeds the number 75.
 40-9          (e)  The governing body of a subdivision may not adopt the
40-10    plan provisions of this section except on the terms provided by
40-11    Subchapter H [of this chapter].
40-12          SECTION 34.  Subsection (b), Section 844.301, Government
40-13    Code, is amended to read as follows:
40-14          (b)  An application for a disability retirement annuity must
40-15    be filed on or [not less  than 15 days] before the member's
40-16    effective retirement date designated on the application.
40-17          SECTION 35.  Section 844.302, Government Code, is amended to
40-18    read as follows:
40-19          Sec. 844.302.  ELIGIBILITY FOR DISABILITY RETIREMENT ANNUITY.
40-20    (a)  Except as provided by Subsection (c), a member who is not a
40-21    vested member under Section 844.202 [has less than 12 years of
40-22    credited service in the retirement system] is eligible to apply for
40-23    [retire] and receive a disability retirement annuity if the member
40-24    is the subject of a certification issued as provided by Section
40-25    844.303(b)(1).
40-26          (b)  Except as provided by Subsection (c), a member who is a
 41-1    vested member under Section 844.202 [has at least 12 years of
 41-2    credited service in the retirement system] is eligible to apply for
 41-3    [retire] and receive a disability retirement annuity if the member
 41-4    is the subject of a certification issued as provided by Section
 41-5    844.303(b)(2).  A member eligible to receive a disability
 41-6    retirement annuity under this subsection may, if the member is
 41-7    eligible for service retirement, elect to receive a service
 41-8    retirement annuity but may not receive both annuities.
 41-9          (c)  A member is not eligible to retire for disability before
41-10    the first anniversary of the earlier of the effective date of the
41-11    person's membership or the effective date of participation of the
41-12    subdivision from which the member had most recently earned credited
41-13    service.
41-14          SECTION 36.  Subsection (b), Section 844.303, Government
41-15    Code, is amended to read as follows:
41-16          (b)  The medical board shall issue a certification of
41-17    disability and submit it to the board of trustees, if the medical
41-18    board finds:
41-19                (1)  in the case of a member who is not a vested member
41-20    under Section 844.202 [has less than 12 years of credited service
41-21    in the retirement system], that:
41-22                      (A)  the member is mentally or physically
41-23    incapacitated for any gainful occupation;
41-24                      (B)  the incapacity is the direct result of
41-25    injuries sustained during membership by external and violent means
41-26    as a direct and proximate result of the performance of duty;
 42-1                      (C)  the incapacity is likely to be permanent;
 42-2    and
 42-3                      (D)  the member should be retired; or
 42-4                (2)  in the case of a member who is a vested member
 42-5    under Section 844.202 [has at least 12 years of credited service in
 42-6    the retirement system], that:
 42-7                      (A)  the member is mentally or physically
 42-8    incapacitated for any gainful occupation;
 42-9                      (B)  the incapacity is likely to be permanent;
42-10    and
42-11                      (C)  the member should be retired.
42-12          SECTION 37.  Subsection (h), Section 844.305, Government
42-13    Code, is amended to read as follows:
42-14          (h)  A retiree who dies before the 31st day after the
42-15    effective date of disability retirement and who did not select an
42-16    optional disability retirement annuity before death is considered
42-17    to have selected an optional annuity under Subsection (c)(7)
42-18    [(c)(4)].  Alternatively, the decedent's beneficiary may elect to
42-19    receive a refund of the decedent's accumulated contributions under
42-20    Section 844.401, in which case the decedent will be considered to
42-21    have been a contributing member at the time of death.
42-22          SECTION 38.  Subchapter E, Chapter 844, Government Code, is
42-23    amended by adding Section 844.407 to read as follows:
42-24          Sec. 844.407.  SURVIVOR ANNUITY DEATH BENEFIT.  (a)  In this
42-25    section "eligible member" means:
42-26                (1)  a member who has four or more years of credited
 43-1    service with one or more subdivisions that on September 1, 1999,
 43-2    are participating in the retirement system or that begin
 43-3    participation in the system after that date;
 43-4                (2)  a member who has 20 or more years of credited
 43-5    service with one or more subdivisions participating in the system;
 43-6                (3)  a member who is at least 60 years of age and has
 43-7    12 or more years of credited service with one or more subdivisions
 43-8    participating in the system;
 43-9                (4)  a member who is at least 60 years of age and has
43-10    10 or more years of Section 844.207 credited service; or
43-11                (5)  a member who is at least 60 years of age and has
43-12    eight or more years of Section 844.210 credited service.
43-13          (b)  An annuity described by this section may be selected and
43-14    paid on the death of an eligible member before the effective date
43-15    of the member's retirement instead of any other benefit allowed
43-16    under this subtitle, except that a supplemental death benefit under
43-17    Subchapter F may also be paid.
43-18          (c)  An eligible member may, before the effective date of the
43-19    member's retirement, file with the board of trustees on a form
43-20    prescribed by the board a selection of an optional service
43-21    retirement annuity available under Section 844.104 and a
43-22    designation of beneficiary.
43-23          (d)  A member who is entitled under this section to select
43-24    one of the optional service retirement annuities authorized by
43-25    Section 844.104 may elect instead to name a beneficiary who, on the
43-26    death of the member before retirement, will be allowed to choose
 44-1    any benefit that the member could have chosen to be paid to the
 44-2    beneficiary, with like effect as if the selection had been made by
 44-3    the member.
 44-4          (e)  An unrevoked application for deferred service retirement
 44-5    executed and filed by the member with the retirement system before
 44-6    December 31, 1999, shall be considered a selection of benefit and a
 44-7    designation of beneficiary under Subsection (c).  If no application
 44-8    is on file on that date, an unrevoked form executed by the member
 44-9    and filed with the system naming a beneficiary to whom the member's
44-10    accumulated deposits are to be paid in the event of death before
44-11    retirement shall be considered a selection of a beneficiary under
44-12    Subsection (d).
44-13          (f)  A member may change a selection of an optional annuity
44-14    or a designation of beneficiary at any time before the member's
44-15    retirement or death in the same manner that the original selection
44-16    or designation was made.
44-17          (g)  If an eligible member dies before retirement without
44-18    having made a selection under Subsection (c), (d), or (e), the
44-19    member's surviving spouse is considered to be the beneficiary and
44-20    may select an optional annuity in the same manner as if the member
44-21    had made the selection.
44-22          (h)  If no surviving spouse exists, the executor or
44-23    administrator of the member's estate may elect:
44-24                (1)  for an estate beneficiary to receive the optional
44-25    annuity under Section 844.104(c)(7); or
44-26                (2)  for the estate to receive a refund of the member's
 45-1    accumulated contributions under Section 844.401.
 45-2          (i)  Any annuity payable under this section shall be computed
 45-3    on the assumption that the member had actually retired under the
 45-4    annuity selected and with the same beneficiary determined under the
 45-5    applicable provision of this section, effective on the last day of
 45-6    the calendar month before the month in which death of the member
 45-7    occurred.
 45-8          (j)  A survivor annuity under this section shall be paid from
 45-9    the same accounts and is subject to the same conditions as are
45-10    applicable to a service retirement benefit for the same member.
45-11          SECTION 39.  Subchapter E, Chapter 844, Government Code, is
45-12    amended by adding Section 844.408 to read as follows:
45-13          Sec. 844.408.  NO SURVIVING SPOUSE, EXECUTOR, OR
45-14    ADMINISTRATOR.  (a)  In this section "heirs" has the meaning
45-15    assigned by Section 3, Texas Probate Code, except that the term
45-16    excludes any person who has filed a proper disclaimer or
45-17    renunciation with the retirement system.
45-18          (b)  If a surviving spouse or the executor or administrator
45-19    of a deceased member's estate would be entitled to make an election
45-20    under Section 842.110(f) or 842.111(c), or if a beneficiary or the
45-21    executor or administrator of a deceased member's estate would be
45-22    entitled to make an election under Section 844.407 because of the
45-23    death of the member, the heirs of the deceased member may make that
45-24    election if:
45-25                (1)  no surviving spouse exists, or, if Section 844.407
45-26    is applicable, no surviving beneficiary exists;
 46-1                (2)  no petition for the appointment of a personal
 46-2    representative of the member is pending or has been granted;
 46-3                (3)  30 days have elapsed since the date of death of
 46-4    the member;
 46-5                (4)  the value of the entire assets of the member's
 46-6    estate, excluding homestead and exempt property, does not exceed
 46-7    $50,000; and
 46-8                (5)  on file with the retirement system is a certified
 46-9    copy of a small estates affidavit that has been approved and filed
46-10    in accordance with Section 137, Texas Probate Code, or an original
46-11    affidavit described by Subsection (c).
46-12          (c)  If no affidavit has been filed with the clerk of the
46-13    court having jurisdiction and venue as provided by Section 137,
46-14    Texas Probate Code, the retirement system may accept instead an
46-15    affidavit sworn to by two disinterested witnesses and by those
46-16    heirs who have legal capacity and, if the facts warrant, by the
46-17    natural guardian or next of kin of any minor or incompetent who is
46-18    also an heir.  The affidavit must include the names and addresses
46-19    of the heirs and witnesses, establish the facts listed in
46-20    Subsection (b), include a list of the assets and liabilities of the
46-21    estate, show the facts that constitute the basis for the right of
46-22    the heirs to receive the estate, and show the fractional interests
46-23    of the heirs in the estate as a result of those facts.
46-24          (d)  If the retirement system, acting through the director or
46-25    a person designated by the director, approves the affidavit, the
46-26    heirs may make the election if each heir agrees to it.
 47-1          SECTION 40.  Subsections (a), (b), (c), and (d), Section
 47-2    844.502, Government Code, are amended to read as follows:
 47-3          (a)  A member included in the coverage of the supplemental
 47-4    death benefit program who fails to earn compensation in a month for
 47-5    service to a subdivision participating in the supplemental death
 47-6    benefits fund may be [is] eligible to receive extended coverage in
 47-7    the program under [on complying with the terms of] this section.
 47-8          (b)  A member who dies within 24 months after the date the
 47-9    member last made a required contribution to the retirement system
47-10    is considered to have received [is entitled to receive] extended
47-11    program coverage if the retirement system receives at its office
47-12    after the member's death:
47-13                (1)  evidence that the retirement system considers
47-14    satisfactory to establish [notification] that, as a result of
47-15    illness or injury, the member was [is] unable to engage in gainful
47-16    employment throughout the period beginning with the date of the
47-17    last required contribution and ending on the date of death; [or is
47-18    on leave of absence under the Family and Medical Leave Act of 1993
47-19    (Pub. L. 103-3); and]
47-20                (2)  a statement from the subdivision, on a form
47-21    approved by the board of trustees, that the member was on leave of
47-22    absence under the Family and Medical Leave Act of 1993 (Pub. L.
47-23    103-3) throughout the period beginning with the date of the last
47-24    required contribution and ending on the date of death; or
47-25                (3)  a statement from the subdivision, on a form
47-26    approved by the board of trustees, that the member was on leave of
 48-1    absence under the Family and Medical Leave Act of 1993 (Pub. L.
 48-2    103-3) during part of the period beginning with the date of the
 48-3    last required contribution and ending on the date of death, with
 48-4    evidence that the retirement system considers satisfactory to
 48-5    establish that, throughout the rest of the period, the member was
 48-6    unable to engage in gainful employment as a result of illness or
 48-7    injury [evidence that the member made a required contribution to
 48-8    the retirement system as an employee of a subdivision participating
 48-9    in the supplemental death benefits fund for the month immediately
48-10    preceding the first full month in which the member was unable to
48-11    engage in gainful employment].
48-12          (c)  A member who had applied for and received extended
48-13    program coverage before September 1, 1999, remains covered by [The
48-14    retirement system may request additional evidence as to illness or
48-15    injury or of the required contribution as a condition to granting
48-16    the coverage.]
48-17          [(d)  Once established, extended coverage of a person in] the
48-18    supplemental death benefit program [continues] until the last day
48-19    of the month in which:
48-20                (1)  the member returns to work as an employee of a
48-21    participating subdivision;
48-22                (2)  the member becomes able to engage in gainful
48-23    employment;
48-24                (3)  the person's membership in the retirement system
48-25    is terminated;
48-26                (4)  the member retires under this subtitle; or
 49-1                (5)  the member's leave of absence under the Family and
 49-2    Medical Leave Act of 1993 (Pub. L. 103-3) terminates.
 49-3          SECTION 41.  Section 844.505, Government Code, is amended to
 49-4    read as follows:
 49-5          Sec. 844.505.  BENEFICIARY OF SUPPLEMENTAL DEATH BENEFIT.
 49-6    (a)  Unless a member has directed otherwise on a form prescribed by
 49-7    the board of trustees and filed with the retirement system:
 49-8                (1)  a supplemental death benefit under Section 844.503
 49-9    is payable to the person entitled to receive the decedent's
49-10    accumulated contributions, unless the decedent was eligible under
49-11    Section 844.407 [844.105] to select an optional service retirement
49-12    annuity, in which case the benefit is payable to the beneficiary
49-13    designated by the decedent or, if no designation was made, to the
49-14    person entitled under that section to receive an optional annuity;
49-15    and
49-16                (2)  a supplemental death benefit under Section 844.504
49-17    is payable to a person entitled to receive any remaining payments
49-18    of the decedent's annuity.
49-19          (b)  If a person entitled under this section to receive a
49-20    supplemental death benefit does not survive the member or retiree
49-21    covered by the supplemental death benefit program, the benefit is
49-22    payable to the person to whom a benefit under Subchapter B or D is
49-23    payable, or if no benefit is payable under those subchapters, to
49-24    the person to whom a benefit under Subchapter E is or would be
49-25    payable [estate of the covered member or retiree].
49-26          SECTION 42.  Subsections (b) and (c), Section 844.605,
 50-1    Government Code, are amended to read as follows:
 50-2          (b)  A supplemental contribution rate is the rate of
 50-3    contribution by a subdivision to its account in the subdivision
 50-4    accumulation fund, in addition to the contributions provided under
 50-5    Section 845.404(a)(2), that the actuary determines and certifies is
 50-6    required, together with the contributions provided under Section
 50-7    845.404(a)(2), to amortize the obligations of the subdivision to
 50-8    the subdivision accumulation fund within a period of 25 years.  A
 50-9    supplemental contribution rate may [not] exceed the rate determined
50-10    by the actuary [four percent of covered payroll].
50-11          (c)  A supplemental contribution rate adopted by a
50-12    participating subdivision may not be increased unless the actuary
50-13    subsequently makes the determination described by Subsection (a).
50-14    If the actuary subsequently makes the determination specified by
50-15    this subsection, the governing body of the subdivision may adopt
50-16    another supplemental contribution rate under this section.
50-17          SECTION 43.  Section 844.606, Government Code, is amended by
50-18    adding Subsection (f) to read as follows:
50-19          (f)  The lower percentage to be used in determining multiple
50-20    matching credits provided for by Subsection (b) must be a multiple
50-21    of 10 percent of the amount of member contributions.
50-22          SECTION 44.  Subsection (a), Section 844.608, Government
50-23    Code, is amended to read as follows:
50-24          (a)  Notwithstanding Section 845.402(c) [Sections 845.402(c)
50-25    and (d)], a subdivision's member contribution rate may be reduced
50-26    to one, two, three, four, five, or six percent of the current
 51-1    service compensation of its employees, except that the rate of
 51-2    member contributions may be reduced to less than four percent only
 51-3    if the reduction is necessary under this section.
 51-4          SECTION 45.  Section 844.702, Government Code, is amended to
 51-5    read as follows:
 51-6          Sec. 844.702.  MEMBER CONTRIBUTIONS.  (a)  The governing body
 51-7    of the subdivision may designate the rate of member contributions
 51-8    for employees of the subdivision to take effect beginning on the
 51-9    effective date of adoption of the plan provisions of this
51-10    subchapter.  The subdivision may elect a rate of four, five, six,
51-11    or seven percent of the current service compensation of its
51-12    employees.  The governing body of the subdivision may thereafter
51-13    increase or decrease the contribution rate to take effect on the
51-14    next January 1 after the date of adoption of the increase or
51-15    decrease, in accordance with [notwithstanding] the provisions of
51-16    Sections 845.402(b) and (c) [845.402(c) and (d)].
51-17          (b)  If necessary under Section [844.608(b) or] 844.703(h), a
51-18    subdivision's member contribution rate may be reduced to one, two,
51-19    three, four, five, or six percent of the current service
51-20    compensation of its employees.
51-21          SECTION 46.  Subsections (c), (d), (g), and (h), Section
51-22    844.703, Government Code, are amended to read as follows:
51-23          (c)  The combined rates of a subdivision's normal
51-24    contributions and prior service contributions under this subchapter
51-25    may not exceed 11 percent unless the governing body of the
51-26    subdivision elects to waive this limitation.  A waiver under this
 52-1    subsection becomes effective on January 1 of the year after the
 52-2    year in which it is adopted and remains effective until January 1
 52-3    of the year following a repeal of the waiver by the subdivision's
 52-4    governing body.
 52-5          (d)  The actuary annually shall determine the subdivision
 52-6    normal contribution rate and the prior service contribution rate
 52-7    for subdivisions adopting the plan provisions of this subchapter
 52-8    from the most recent data available at the time of determination.
 52-9    Before January 1 of each year, the board of trustees shall certify
52-10    the rates of each subdivision that has adopted the plan provisions
52-11    of this subchapter.  If the combined rates of the subdivision's
52-12    normal contributions and prior service contributions under this
52-13    subchapter exceed the rate prescribed by Subsection (c), and if the
52-14    governing body of the subdivision has not waived that maximum rate,
52-15    the rate for prior service contributions must be reduced to the
52-16    rate that equals the difference between the maximum rate prescribed
52-17    by Subsection (c) and the normal contribution rate.  The governing
52-18    body may elect to contribute at a rate that is an integer percent
52-19    but not more than the maximum rate prescribed by Subsection (c),
52-20    unless the governing body has elected to waive that maximum rate,
52-21    if that elected rate exceeds the sum of the subdivision's normal
52-22    contribution rate and its prior service contribution rate as
52-23    determined under Subsections (a) and (b).  This elected rate
52-24    remains in effect for each subsequent calendar year until it is
52-25    rescinded by the governing body or until the sum of the rates
52-26    determined under Subsections (a) and (b) exceeds the elected rate,
 53-1    at which time the governing body must contribute the sum of the
 53-2    rates determined under Subsections (a) and (b).  For years in which
 53-3    the elected rate exceeds the sum of the rates determined under
 53-4    Subsections (a) and (b), the prior service contribution rate is
 53-5    increased to the rate that equals the difference between the
 53-6    elected rate and the normal contribution rate prescribed by
 53-7    Subsection (a).
 53-8          (g)  If the combined rates of the subdivision's normal
 53-9    contributions and prior service contributions under this subchapter
53-10    exceed the maximum rate prescribed by Subsection (c) before the
53-11    adjustment prescribed by Subsection (d), and if the governing body
53-12    of the subdivision has not waived that maximum rate, the actuary
53-13    shall determine what lower percentage for determining multiple
53-14    matching credits of future member contributions is necessary to
53-15    make the combined rates of the subdivision not exceed the maximum
53-16    rate prescribed by Subsection (c).  The actuary shall give written
53-17    notice of the determination to the director, who shall give written
53-18    notice to the governing body of the subdivision.  The lower
53-19    percentage determined by the actuary and specified in the notice to
53-20    the governing body becomes effective as to all members who perform
53-21    current service for the affected subdivision on or after the first
53-22    day of the first calendar year that begins after the date of the
53-23    notice, unless before the effective date, the governing body of the
53-24    subdivision adopts an order or resolution, approved by the board of
53-25    trustees, authorizing a reduction in the percentage used in
53-26    determining multiple matching credits in accordance with Section
 54-1    844.704(a) or authorizing a reduction in the rate of member
 54-2    contributions in accordance with Section 844.702, or authorizing
 54-3    both a reduction in the percentage used in determining multiple
 54-4    matching credits and a reduction in the rate of member
 54-5    contributions.
 54-6          (h)  If the combined rates of the subdivision's normal
 54-7    contributions and prior service contributions under this subchapter
 54-8    exceed the maximum rate prescribed by Subsection (c), and if the
 54-9    governing body of the subdivision has not waived that maximum rate,
54-10    and if all reductions under Subsection (g), in the opinion of the
54-11    actuary, result in the combined rates of the subdivision remaining
54-12    in excess of the maximum rate prescribed by Subsection (c), the
54-13    retirement system shall reduce the rate of member contributions to
54-14    a lower rate authorized by Section 844.702 that, in the opinion of
54-15    the actuary, is required to produce a combined rate that does not
54-16    exceed the rate prescribed by Subsection (c).  At the time the
54-17    actuary determines that the rate of employee contributions that was
54-18    in existence before a reduction under this subsection no longer
54-19    would result in a combined rate in excess of the maximum rate
54-20    prescribed by Subsection (c), the retirement system shall reinstate
54-21    the employee contribution to the rate that was in effect at the
54-22    time of the reduction, unless the governing body of the subdivision
54-23    has elected to change to some other rate authorized by Section
54-24    844.702(a).  Any change under this section shall be made on January
54-25    1 of the year following the applicable determination by the
54-26    actuary.  During the time that the member contribution rate is
 55-1    reduced, the combined rates of the subdivision's normal
 55-2    contributions and prior service contributions shall be equal to the
 55-3    maximum rate prescribed by Subsection 844.703(c).
 55-4          SECTION 47.  Subsections (c), (d), and (e), Section 844.704,
 55-5    Government Code, are amended to read as follows:
 55-6          (c)  By adopting the plan provisions of this subchapter, the
 55-7    governing body also adopts the optional benefit eligibility plan
 55-8    described by Section 844.207 unless by its order it adopts the
 55-9    optional benefit eligibility plan described by Section 844.210 and
55-10    the survivor annuity death benefit described by Section 844.407.
55-11          (d)  The governing body of a subdivision that has adopted or
55-12    is adopting the plan provisions of this subchapter may adopt:
55-13                (1)  the alternative optional increase in retirement
55-14    annuities [benefit for a surviving beneficiary of a vested member]
55-15    under Section 844.209;
55-16                (2)  the optional increase in retirement annuities
55-17    under Section 844.208;
55-18                (3)  the optional authorization of the reestablishment
55-19    of credited service previously forfeited under Section 843.003;
55-20                (4)  the optional authorization of the establishment of
55-21    credited service for military service under Section 843.601(c)
55-22    [843.202 or 843.601, notwithstanding the limitation related to
55-23    Section 844.201 in Section 843.202(d) and 843.601(a)];
55-24                (5)  the optional authorization of the establishment of
55-25    premembership credited service for overage employees under Section
55-26    843.204 [election to have credits recomputed on the basis of total
 56-1    compensation under Section 843.702];
 56-2                (6)  the optional benefit eligibility plan described by
 56-3    Section 844.210; or
 56-4                (7)  the optional benefit eligibility plan described by
 56-5    Section 844.211.
 56-6          (e)  The governing body may not adopt the benefits of this
 56-7    section if the adoption would result in the combined rates of the
 56-8    subdivision's normal contributions and prior service contributions
 56-9    for the first calendar year following the adoption exceeding the
56-10    maximum rate prescribed by Section 844.703(c) unless a waiver under
56-11    that section is in effect.
56-12          SECTION 48.  Section 845.105, Government Code, is amended to
56-13    read as follows:
56-14          Sec. 845.105.  INDEBTEDNESS; PAYMENT.  (a)  The board of
56-15    trustees may:
56-16                (1)  incur indebtedness;
56-17                (2)  on the credit of the retirement system, borrow
56-18    money to pay expenses incident to the system's operation;
56-19                (3)  renew, extend, or refund its indebtedness; or
56-20                (4)  issue and sell negotiable promissory notes or
56-21    negotiable bonds of the system.
56-22          (b)  A note or bond issued under this section must [mature
56-23    before the 20th anniversary of the issuance of the note or bond.
56-24    The rate of interest on the note or bond may not exceed six percent
56-25    a year.]
56-26          [(c)  The board shall charge a note or bond issued under this
 57-1    section against the system's expense fund and shall pay the note or
 57-2    bond from that fund.  The total indebtedness against the expense
 57-3    fund may not exceed $100,000 at any time.]
 57-4          [(d)  A note or bond issued under this section must]
 57-5    expressly state that the note or bond is not an obligation of this
 57-6    state.
 57-7          SECTION 49.  Subchapter B, Chapter 845, Government Code, is
 57-8    amended by adding Section 845.116 to read as follows:
 57-9          Sec. 845.116.  ELECTRONIC TRANSFER OF FUNDS AND ELECTRONIC
57-10    FILING OF DOCUMENTS.  (a)  In this section:
57-11                (1)  "Electronic filing" means the filing of data
57-12    transmitted to the retirement system by the communication of
57-13    information by facsimile or in the form of digital electronic
57-14    signals transformed by computer and stored on microfilm, magnetic
57-15    tape, optical disks, or any other medium.
57-16                (2)  "Electronic transfer" means any transfer of funds,
57-17    other than a transaction originated by check, draft, or similar
57-18    paper instrument, that is initiated through an electronic terminal,
57-19    telephone instrument, computer, or magnetic media to order,
57-20    instruct, or authorize a financial institution to debit or credit
57-21    an account.
57-22          (b)  The board of trustees may adopt rules and procedures
57-23    relating to the electronic transfer of funds and the electronic
57-24    filing of documents and required reports.
57-25          (c)  Funds that are electronically transferred in accordance
57-26    with those rules and procedures are considered to have been timely
 58-1    received by the retirement system.  Documents and required reports
 58-2    that are electronically filed in accordance with those rules and
 58-3    procedures are considered to have been properly filed with the
 58-4    retirement system.
 58-5          SECTION 50.  Section 845.306, Government Code, is amended to
 58-6    read as follows:
 58-7          Sec. 845.306.  EMPLOYEES SAVING FUND.  (a)  The retirement
 58-8    system shall deposit in a member's individual account in the
 58-9    employees saving fund:
58-10                (1)  the amount of contributions to the retirement
58-11    system deducted from the member's compensation;
58-12                (2)  interest allowed on money in the account in
58-13    accordance with this subtitle;
58-14                (3)  [an amount deposited by a member in accordance
58-15    with Section 845.405 to establish credited service during a time of
58-16    war;]
58-17                [(4)]  the portion of a deposit required by Section
58-18    843.003 [or 843.404] to reinstate credited service previously
58-19    terminated that represents the amount withdrawn;
58-20                (4) [(5)]  the amount deposited in accordance with
58-21    Section 843.301(b) or 843.402(b) to establish credit for prior or
58-22    current service for a person who became a member in accordance with
58-23    Subchapter C, [of] Chapter 842;
58-24                (5) [(6)]  the amount, if any, deposited by a member in
58-25    accordance with Section 843.601(b) [843.601(e)] to establish
58-26    current  service credit for military service;
 59-1                [(7)  the amount deposited by a member in accordance
 59-2    with Section 843.501 to establish credit for legislative service;]
 59-3    and
 59-4                (6) [(8)]  the amount deposited by a person to become a
 59-5    member in accordance with Section 842.103.
 59-6          (b)  On December 31 of each year, the retirement system shall
 59-7    credit to each member's individual account interest as allowed by
 59-8    this subtitle on the amount of accumulated deposits credited to the
 59-9    member's account on January 1 of that year.
59-10          [(c)  The retirement system may not pay interest on money in
59-11    a person's individual account:]
59-12                [(1)  for a part of a year; or]
59-13                [(2)  after the person's membership has been terminated
59-14    in accordance with Section 842.109 because of absence from
59-15    service.]
59-16          SECTION 51.  Subsection (a), Section 845.307, Government
59-17    Code, is amended to read as follows:
59-18          (a)  The retirement system shall deposit in the account of a
59-19    participating subdivision in the subdivision accumulation fund:
59-20                (1)  all benefit contributions made by the subdivision
59-21    to the system pursuant to Section 845.404(a)(2);
59-22                (2)  income [and interest] allocated to the fund as
59-23    provided by this subtitle;
59-24                (3)  amounts deposited by the subdivision under Section
59-25    845.408 [in accordance with former Section 845.405 to establish
59-26    credited service during a time of war];
 60-1                (4)  the withdrawal charge for reinstatement of
 60-2    credited service as provided by Section 843.003 [or 843.404];
 60-3                (5)  the amount of matching contributions made by a
 60-4    subdivision in accordance with Section 843.301(c) or 843.402(c) to
 60-5    establish credit for prior or current service for a person who
 60-6    became a member in accordance with Subchapter C, [of] Chapter 842;
 60-7                [(6)  the amount of matching contributions made by a
 60-8    subdivision in accordance with Section 843.601(f) to establish
 60-9    current service credit for military service;]
60-10                [(7)  the amount of matching contributions made by a
60-11    subdivision in accordance with Section 843.501 to establish credit
60-12    for legislative service;] and
60-13                (6) [(8)]  the amount deposited by a subdivision for a
60-14    person to become a member in accordance with Section 842.103.
60-15          SECTION 52.  Subsection (f), Section 845.310, Government
60-16    Code, is amended to read as follows:
60-17          (f)  The retirement system shall deposit and hold in the
60-18    perpetual endowment account funds, gifts, and awards that the
60-19    grantors designate as perpetual endowment for the retirement system
60-20    and money forfeited to the retirement system as provided by Section
60-21    845.505 [845.503].
60-22          SECTION 53.  Section 845.312, Government Code, is amended to
60-23    read as follows:
60-24          Sec. 845.312.  SUPPLEMENTAL DEATH BENEFITS FUND.  (a)  The
60-25    retirement system shall deposit in the supplemental death benefits
60-26    fund contributions paid by subdivisions to the retirement system to
 61-1    provide supplemental death benefits in accordance with Section
 61-2    845.406.  The retirement system may not establish separate accounts
 61-3    in the fund for subdivisions participating in the fund but shall
 61-4    credit contributions to a single account.
 61-5          (b)  The retirement system shall pay supplemental death
 61-6    benefits only from money in the supplemental death benefits fund,
 61-7    and the benefits are not an obligation of other funds of the
 61-8    system.
 61-9          (c)  [The supplemental death benefits fund may become
61-10    operative only after a sufficient number of subdivisions elect to
61-11    participate in the fund so that 4,000 members or more are covered
61-12    by the fund.]
61-13          [(d)  The board of trustees shall determine the operative
61-14    date of the fund.]
61-15          [(e)]  The effective participation date of a subdivision is[:]
61-16                [(1)  the operative date of the fund if the subdivision
61-17    elected to participate in the fund on or before the fund's
61-18    operative date; or]
61-19                [(2)]  the first day of any calendar month after the
61-20    month in which the subdivision notifies the board of its election
61-21    to enter the fund.
61-22          [(f)  The board of trustees shall notify each subdivision of
61-23    its effective participation date.]
61-24          SECTION 54.  Subsection (b), Section 845.315, Government
61-25    Code, is amended to read as follows:
61-26          (b)  The account of each subdivision, other than a
 62-1    subdivision that has ceased participation according to Section
 62-2    845.317(a), will receive a share of the amount transferred under
 62-3    Subsection (a)(5) that is in proportion to the amount that the
 62-4    balance credited to its account on January 1 bears to the total
 62-5    credited to the subdivision accumulation fund on that date.
 62-6          SECTION 55.  The heading of Subchapter E, Chapter 845,
 62-7    Government Code, is amended to read as follows:
 62-8               SUBCHAPTER E.  COLLECTION OF [MEMBERSHIP FEES AND]
 62-9                               CONTRIBUTIONS
62-10          SECTION 56.  Subsection (j), Section 845.403, Government
62-11    Code, is amended to read as follows:
62-12          (j)  Contributions picked up as provided by Subsection (i)
62-13    shall be treated as employer contributions in determining tax
62-14    treatment of the amounts under Section 414(h) of the United States
62-15    Internal Revenue Code of 1986[; however, each participating
62-16    subdivision shall continue to withhold federal income taxes based
62-17    upon these contributions until the Internal Revenue Service
62-18    determines or the federal courts rule that pursuant to Section
62-19    414(h) of the Internal Revenue Code of 1986 (26 U.S.C. Section
62-20    414), these picked-up contributions are not included as gross
62-21    income of the employee until such time as they are distributed or
62-22    made available].  Each employee contribution that is picked up as
62-23    above provided shall be deposited as provided in Section 845.306 to
62-24    the individual account of the member, on whose behalf they are
62-25    made, and shall be treated for all other purposes of this subtitle
62-26    in the same manner and with like effect as if the amount had been
 63-1    deducted from the compensation of and made by the employee pursuant
 63-2    to Sections 845.402 and 845.403(a) through (h).
 63-3          SECTION 57.  Subsection (a), Section 845.404, Government
 63-4    Code, is amended to read as follows:
 63-5          (a)  Before the 16th day of each month, each participating
 63-6    subdivision shall pay or cause to be paid to the retirement system
 63-7    at the system's office:
 63-8                (1)  the member contributions, or "picked-up" member
 63-9    contributions, provided for by Sections 845.402 and 845.403, which
63-10    shall be deposited to the individual accounts of the members; and
63-11                (2)  the contributions that a subdivision is required
63-12    to make under this subtitle, which [an additional amount equal to
63-13    the total of contributions made by or on behalf of employees of the
63-14    subdivision under the provisions of Sections 845.402 and 845.403
63-15    for the preceding month, which additional amount] shall be
63-16    deposited to the account of the subdivision in the subdivision
63-17    accumulation fund.
63-18          SECTION 58.  Section 845.406, Government Code, is amended to
63-19    read as follows:
63-20          Sec. 845.406.  SUPPLEMENTAL DEATH BENEFITS PROGRAM.  (a)  In
63-21    addition to other contributions to the retirement system required
63-22    by this subtitle, each  subdivision participating in the
63-23    supplemental death benefits fund monthly shall pay to the fund an
63-24    amount equal to the rate of contribution computed in accordance
63-25    with this section, multiplied by the total compensation for the
63-26    month of the members employed by the subdivision.
 64-1          (b)  A limitation on subdivision contribution rates provided
 64-2    by this subtitle does not apply to the rate of the contribution to
 64-3    the supplemental death benefits fund.
 64-4          (c)  At [As soon as practical after the supplemental death
 64-5    benefits program is established and at] the time of each
 64-6    investigation of members' mortality and service experience required
 64-7    by Section 845.110, the actuary shall investigate the mortality
 64-8    experience of the members and eligible annuitants participating in
 64-9    the supplemental death benefits program.  On the basis of the
64-10    result of that investigation, the actuary shall recommend to the
64-11    board of trustees rates and tables necessary to determine
64-12    supplemental death benefits contribution rates.  The rates and
64-13    tables may provide for the anticipated mortality experience of the
64-14    persons covered under the supplemental death benefits fund and for
64-15    a contingency reserve.
64-16          (d)  Before a subdivision's participation date in the
64-17    supplemental death benefits fund and before January 1 of each
64-18    subsequent year, the actuary shall compute, on the basis of rates
64-19    and tables adopted by the board of trustees, the supplemental death
64-20    benefits contribution rate of a subdivision participating in the
64-21    supplemental death benefits contribution fund.  The rate must be
64-22    expressed as a percentage of the compensation of members employed
64-23    by the subdivision.  When the rate is approved by the board of
64-24    trustees, the rate is effective for the calendar year for which it
64-25    was approved.
64-26          (e)  The board of trustees, in the exercise of its discretion
 65-1    to manage the assets of the retirement system, may lend money to
 65-2    the supplemental death benefits fund if the amount in the fund is
 65-3    insufficient to pay the supplemental death benefits due.  Any loan
 65-4    is an investment of the retirement system and must be repaid solely
 65-5    from future contributions to the supplemental death benefits fund
 65-6    and its share of trust earnings.  The terms of the loan shall be
 65-7    set by the board of trustees, but the loan must bear a commercially
 65-8    reasonable interest rate.  The board may adjust future
 65-9    contributions to the supplemental death benefits fund for purposes
65-10    of repayment of the loan [If the balance in the supplemental death
65-11    benefits fund is insufficient to pay the supplemental death
65-12    benefits due, the board of trustees may direct that, to the extent
65-13    available, an amount equal to the amount of the deficiency be
65-14    transferred from the general reserves account of the endowment fund
65-15    to the supplemental death benefits fund.  The board may adjust
65-16    future contributions to the supplemental death benefits fund to
65-17    repay to the general reserves account the transferred amount].
65-18          (f)  [If the total number of members covered by the
65-19    supplemental death benefits fund becomes fewer than 4,000, the
65-20    board of trustees may order that the fund be discontinued and all
65-21    coverage terminated.  The termination date must be December 31 of a
65-22    year designated by the board and may not be before the expiration
65-23    of six months after the date on which the order of termination was
65-24    adopted.]
65-25          [(g)]  To protect against adverse claim experience, the board
65-26    of trustees may secure reinsurance from one or more stock insurance
 66-1    companies doing business in this state if the board determines that
 66-2    reinsurance is necessary.  The retirement system shall pay the
 66-3    premiums for reinsurance from the supplemental death benefits fund.
 66-4          SECTION 59.  Subchapter E, Chapter 845, Government Code, is
 66-5    amended by adding Section 845.407 to read as follows:
 66-6          Sec. 845.407.  PENALTY FOR LATE CONTRIBUTIONS.  (a)  A
 66-7    participating subdivision that fails to provide the information
 66-8    required by Section 845.403 or to pay all contributions required by
 66-9    this subchapter to be made and remitted to the retirement system
66-10    before the 16th day of the month in which they are due shall pay a
66-11    penalty under this section.  The penalty for a past-due monthly
66-12    remission is equal to interest on the past-due amounts for each day
66-13    past due at a nominal interest rate of 12 percent, plus a $500
66-14    administrative fee.  If the penalty is not paid within three months
66-15    after the date notice of the penalty has been sent to the
66-16    subdivision, the retirement system shall deduct the penalty from
66-17    the subdivision's account in the subdivision accumulation fund.
66-18    The interest portion of the penalty shall be deposited by the
66-19    retirement system in the distributable income account of the
66-20    interest fund.  The administrative fee portion of the penalty shall
66-21    be deposited by the retirement system in the expense fund.
66-22          (b)  Payment and required reports are considered to be made
66-23    when received by the retirement system.
66-24          SECTION 60.  Subchapter E, Chapter 845, Government Code, is
66-25    amended by adding Section 845.408 to read as follows:
66-26          Sec. 845.408.  ADDITIONAL OPTIONAL DEPOSITS BY SUBDIVISIONS.
 67-1    In addition to the deposits that a subdivision is required to make
 67-2    under this subtitle, the governing body of a participating
 67-3    subdivision may elect to deposit to the subdivision's account in
 67-4    the subdivision accumulation fund one or more lump-sum payments.
 67-5    Once a payment is deposited, it cannot be withdrawn from that fund
 67-6    by the subdivision.
 67-7          SECTION 61.  Subsection (e), Section 845.505, Government
 67-8    Code, is amended to read as follows:
 67-9          (e)  If a person files with the retirement system a valid
67-10    application for retirement based on an account that has been closed
67-11    under Subsection (a)[, (b),] or (c), the retirement system shall
67-12    restore the member's individual account in the employees saving
67-13    fund and pay a retirement annuity computed as of the date on which
67-14    the annuity would have been required to begin under this subtitle.
67-15    All annuity payments that previously would have been paid if the
67-16    annuity had begun on the date required under this subtitle will be
67-17    paid to the person as a single sum.
67-18          SECTION 62.  Notwithstanding Section 844.407, Government
67-19    Code, as added by this Act, a subdivision participating in the
67-20    Texas County and District Retirement System that is not subject to
67-21    Subchapter H, Chapter 844, Government Code, may before December 31,
67-22    1999, elect not to have Subdivision (1), Subsection (a), Section
67-23    844.407, apply to the subdivision by filing a notice of that
67-24    election with the retirement system before that date.  A
67-25    subdivision that makes an election under this section may
67-26    subsequently elect to have Subdivision (1), Subsection (a), Section
 68-1    844.407, Government Code, as added by this Act, apply to the
 68-2    subdivision.
 68-3          SECTION 63.  The following provisions of the Government Code
 68-4    are repealed:
 68-5                (1)  Section 842.005;
 68-6                (2)  Section 843.202;
 68-7                (3)  Section 843.404;
 68-8                (4)  Section 843.603;
 68-9                (5)  Section 843.702;
68-10                (6)  Sections 844.007(d), (e), (f), and (g);
68-11                (7)  Section 844.105;
68-12                (8)  Section 844.106;
68-13                (9)  Section 844.107;
68-14                (10)  Section 844.108;
68-15                (11)  Section 844.201;
68-16                (12)  Section 844.203;
68-17                (13)  Section 844.204;
68-18                (14)  Section 844.205;
68-19                (15)  Section 844.206; and
68-20                (16)  Sections 844.502(e) and (f).
68-21          SECTION 64.  This Act takes effect December 31, 1999, except
68-22    Sections 13, 16, 62, and this section, which take effect September
68-23    1, 1999.
68-24          SECTION 65.  The importance of this legislation and the
68-25    crowded condition of the calendars in both houses create an
68-26    emergency and an imperative public necessity that the
 69-1    constitutional rule requiring bills to be read on three several
 69-2    days in each house be suspended, and this rule is hereby suspended.