1-1     By:  Armbrister                                       S.B. No. 1129
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 8, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 8, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1129               By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to participation and credit in, contributions to, and
1-11     benefits and administration of the Texas County and District
1-12     Retirement System.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 841.001, Government Code, is amended by
1-15     amending Subdivision (5) and adding Subdivisions (16) and (17) to
1-16     read as follows:
1-17                 (5)  "Compensation" means the payments that do not
1-18     exceed $150,000 in a calendar year, indexed in the same manner as
1-19     is provided by Section 401(a)(17) of the Internal Revenue Code of
1-20     1986 (26 U.S.C. Section 417) and that are made to an employee of a
1-21     participating subdivision by the subdivision for service, including
1-22     nonmonetary compensation, the value of which is determined by the
1-23     governing body of the subdivision.  The term does not include
1-24     workers' compensation benefits received by a member under Section
1-25     504.011, Labor Code.
1-26                 (16)  "Supplemental death benefit program" means the
1-27     voluntary, employer-funded optional death benefits program under
1-28     Subchapter F, Chapter 844.  The program constitutes "group-term
1-29     life insurance purchased for employees" as described by Section 79
1-30     of the Internal Revenue Code of 1986.
1-31                 (17)  "Vested member" means a member who may withdraw
1-32     from employment with all participating subdivisions, leave the
1-33     member's accumulated contributions on deposit with the retirement
1-34     system, and, on meeting the age and length-of-service requirements
1-35     for service retirement, file an application for retirement and
1-36     begin to receive a service retirement benefit.
1-37           SECTION 2.  Section 842.004, Government Code, is amended by
1-38     adding a new Subsection (e) and redesignating former Subsection (e)
1-39     as Subsection (f) to read as follows:
1-40           (e)  If before November 1 of any year a subdivision gives
1-41     written notice of its intention to the retirement system, the
1-42     subdivision may terminate coverage under and discontinue
1-43     participation in the supplemental death benefits fund.  A
1-44     termination under this subsection is effective on January 1 of the
1-45     year following the year in which notice is given.
1-46           (f)  If a subdivision has previously discontinued
1-47     participation in the fund, the board of trustees in its discretion
1-48     may restrict the right of the subdivision to participate again.
1-49           SECTION 3.  Subchapter A, Chapter 842, Government Code, is
1-50     amended by adding Section 842.008 to read as follows:
1-51           Sec. 842.008.  NO PARTICIPATION FOR EMPLOYEES HIRED AFTER
1-52     ELECTION.  (a)  A participating subdivision may not terminate
1-53     participation in the retirement system as long as it has any
1-54     liabilities resulting from the participation of current or former
1-55     employees, but it may elect to discontinue enrolling in the
1-56     retirement system nonmembers whose employment or reemployment
1-57     begins after the effective date of an election to discontinue
1-58     enrollment.  If the subdivision has an annually determined
1-59     contribution rate plan, the subdivision must elect to contribute in
1-60     all future years in which the allocation described by Subsection
1-61     (b) is necessary at a rate that is either the rate being paid at
1-62     the time of the election to discontinue enrollment or an integer
1-63     percent greater than the rate being paid at the time of the
1-64     election to discontinue enrollment.  The effective date of the
 2-1     election to discontinue enrollment is January 1 of the year
 2-2     following the year in which the election by the subdivision is
 2-3     made.
 2-4           (b)  If a participating subdivision makes the election
 2-5     described by Subsection (a), the assets in that subdivision's
 2-6     account in the subdivision accumulation fund shall be allocated
 2-7     under the priorities provided by this section, with the details of
 2-8     the allocation to be determined by the actuary and approved by the
 2-9     board of trustees.
2-10           (c)  First priority shall be given to current service credit
2-11     of all members who leave their contributions in the retirement
2-12     system.  If the ratio of the sum of the assets and the actuarial
2-13     present value of future subdivision contributions in excess of
2-14     normal costs, if any, to the actuarial present value of current
2-15     service credits is less than one-to-one, the credits shall be
2-16     proportionally reduced.  The ratio shall be redetermined annually
2-17     and adjustments made as needed.
2-18           (d)  Second priority shall be given to prior service credit,
2-19     multiple matching credit, and supplemental annuities, without
2-20     differentiation.  If the ratio of the sum of the assets and the
2-21     actuarial present value of future subdivision contributions in
2-22     excess of normal costs, if any, for this priority group remaining
2-23     after the allocation described by Subsection (c) to the actuarial
2-24     present value of second priority benefits is less than one-to-one,
2-25     the annuities and credits may all have to be proportionally
2-26     reduced.  If the ratio is greater than one-to-one, the annuities
2-27     and credits may all have to be proportionally increased, except as
2-28     limited by Subsection (f).  The ratio shall be redetermined
2-29     annually, and reductions or increases in the annuities and credits
2-30     shall be made when considered appropriate to bring the ratio closer
2-31     to one-to-one.
2-32           (e)  A subdivision whose assets in the retirement system have
2-33     been allocated under Subsection (b) may not enroll new members
2-34     unless the subdivision applies to the board of trustees for
2-35     approval and receives it.  The board of trustees may not grant
2-36     approval unless the subdivision adopts an order or resolution on
2-37     the terms provided by Subchapter H, Chapter 844.
2-38           (f)  If the participating subdivision is not enrolling new
2-39     members in accordance with Subsection (e), the annuities and
2-40     credits described by Subsections (c) and (d) may not be increased
2-41     to a level that exceeds the greater of the level in effect
2-42     immediately before the time Subsection (b) became applicable or the
2-43     level in effect on December 31, 1992.
2-44           (g)  When the participating subdivision or its successor has
2-45     no employees who are members of the retirement system and has no
2-46     present or potential liabilities resulting from the participation
2-47     of former employees, the subdivision's participation in the
2-48     retirement system ceases, and the system shall repay to the
2-49     subdivision or its successor the amount in the subdivision
2-50     accumulation fund that is credited to the subdivision.  If the
2-51     participating subdivision is no longer in existence and has no
2-52     successor when its participation ceases, the amount in the
2-53     subdivision accumulation fund that is credited to the subdivision
2-54     shall be transferred to the general reserves account of the
2-55     endowment fund.
2-56           (h)  If a subdivision whose assets in the retirement system
2-57     have been allocated under Subsection (b) is allowed to begin
2-58     enrolling new members in accordance with Subsection (e), the
2-59     annuities and credits described by Subsections (c) and (d)
2-60     attributable to contributions made by members before the date the
2-61     subdivision begins enrolling new members:
2-62                 (1)  must be restored to the level in effect
2-63     immediately before Subsection (b) became applicable unless they
2-64     already equal or exceed that level; and
2-65                 (2)  may not be increased above the greater of the
2-66     level in effect immediately before Subsection (b) became applicable
2-67     or the level in effect immediately before the subdivision began
2-68     enrolling new members until the expiration of four calendar years
2-69     after the date the subdivision begins enrolling new members.
 3-1           (i)  Before or after the initial allocation under Subsection
 3-2     (b) is determined, the subdivision may elect to contribute a
 3-3     lump-sum deposit or may elect to contribute in all future years
 3-4     that the allocation described by Subsection (b) is necessary at an
 3-5     integer percent greater than the rate being paid at the time of the
 3-6     election of the integer percent, notwithstanding the provisions of
 3-7     Section 844.605 or 844.703.
 3-8           SECTION 4.  Subchapter A, Chapter 842, Government Code, is
 3-9     amended by adding Section 842.009 to read as follows:
3-10           Sec. 842.009.  SIGNIFICANT REDUCTION IN NUMBER OF
3-11     CONTRIBUTING MEMBERS.  (a)  If a participating subdivision reduces
3-12     the number of members in its employment by at least 26 percent but
3-13     less than 100 percent, or by 100 percent if the reduction is
3-14     expected to last less than 12 months, over the 12-month period
3-15     ending with the preceding December, no other participating
3-16     subdivision has assumed funding of the obligations, and the actuary
3-17     recommends to the board of trustees and the board agrees that this
3-18     subsection shall be applied, the assets in that subdivision's
3-19     account in the subdivision accumulation fund shall be allocated
3-20     under the priorities provided by this section, with the details of
3-21     the allocation to be determined by the actuary and approved by the
3-22     board of trustees.
3-23           (b)  If the subdivision has an annually determined
3-24     contribution rate plan, the subdivision must elect to contribute in
3-25     all future years in which the allocation described by Subsection
3-26     (a) is necessary at a rate that is either the rate being paid at
3-27     the time Subsection (a) is applied or an integer percent greater
3-28     than the rate being paid at the time Subsection (a) is applied.
3-29           (c)  First priority shall be given to current service credit
3-30     of all members who leave their contributions in the retirement
3-31     system.  If the ratio of the sum of the assets and the actuarial
3-32     present value of future subdivision contributions in excess of
3-33     normal costs, if any, to the actuarial present value of current
3-34     service credits is less than one-to-one, the credits shall be
3-35     proportionally reduced.  The ratio shall be redetermined annually
3-36     and adjustments made as needed.
3-37           (d)  Second priority shall be given to prior service credit,
3-38     multiple matching credit, and supplemental annuities, without
3-39     differentiation.  If the ratio of the sum of the assets and the
3-40     actuarial present value of future subdivision contributions in
3-41     excess of normal costs, if any, for this priority group remaining
3-42     after the allocation described by Subsection (c) to the actuarial
3-43     present value of second priority benefits is less than one-to-one,
3-44     the annuities and credits may all have to be proportionally
3-45     reduced.  If the ratio is greater than one-to-one, the annuities
3-46     and credits may all have to be proportionally increased, except as
3-47     limited by Subsection (e).  The ratio shall be redetermined
3-48     annually, and reductions or increases in the annuities and credits
3-49     shall be made when considered appropriate to bring the ratio closer
3-50     to one-to-one.
3-51           (e)  If the actuary has not recommended and the board of
3-52     trustees has not approved ending the allocation described by
3-53     Subsection (a), the annuities and credits described by Subsections
3-54     (c) and (d) may not be increased to a level that exceeds the level
3-55     in effect immediately before Subsection (a) became applicable.
3-56           (f)  If the allocation described by Subsection (a) has been
3-57     ended by action of the board of trustees on the recommendation of
3-58     the actuary, the annuities and credits described by Subsections (c)
3-59     and (d) attributable to contributions made by members before the
3-60     date the allocation was ended:
3-61                 (1)  must be restored to the level in effect
3-62     immediately before Subsection (a) became applicable unless they
3-63     already equal that level; and
3-64                 (2)  may not be increased above the level in effect
3-65     immediately before Subsection (a) became applicable until the
3-66     expiration of four calendar years after the allocation ended.
3-67           (g)  Before or after the initial allocation under Subsection
3-68     (a) is determined, the subdivision may elect to contribute a
3-69     lump-sum deposit or may elect to contribute in all future years
 4-1     that the allocation described by Subsection (a) is necessary at an
 4-2     integer percent greater than the rate being paid at the time of the
 4-3     election of the integer percent, notwithstanding the provisions of
 4-4     Section 844.605 and Section 844.703.
 4-5           SECTION 5.  Subchapter A, Chapter 842, Government Code, is
 4-6     amended by adding Section 842.010 to read as follows:
 4-7           Sec. 842.010.  REDUCTION TO NO CONTRIBUTING MEMBERS.  (a)  If
 4-8     a participating subdivision is abolished or reduces the number of
 4-9     members in its employment to zero, with the reduction expected to
4-10     last at least 12 months, so that it no longer contributes to the
4-11     retirement system and no other participating subdivision has
4-12     assumed funding of the obligations, the assets in that
4-13     subdivision's account in the subdivision accumulation fund shall be
4-14     allocated under the priorities provided by this section, with the
4-15     details of the allocation to be determined by the actuary and
4-16     approved by the board of trustees.  Service retirement will be
4-17     allowed at age 60 with at least four years of credited service.
4-18           (b)  First priority shall be given to current service credit
4-19     of all members who leave their contributions in the retirement
4-20     system.  If the ratio of the assets to the actuarial present value
4-21     of current service credits is less than one-to-one, the credits
4-22     shall be proportionally reduced.  The ratio shall be redetermined
4-23     annually and adjustments made as needed.
4-24           (c)  Second priority shall be given to prior service credit,
4-25     multiple matching credit, and supplemental annuities, without
4-26     differentiation.  If the ratio of the assets for this priority
4-27     group remaining after the allocation described by Subsection (b) to
4-28     the actuarial present value of second priority benefits is less
4-29     than one-to-one, the annuities and credits may all have to be
4-30     proportionally reduced.  If the ratio is greater than one-to-one,
4-31     the annuities and credits may all have to be proportionally
4-32     increased, except as limited by Subsection (e).  The ratio shall be
4-33     redetermined annually, and reductions or increases in the annuities
4-34     and credits shall be made when considered appropriate to bring the
4-35     ratio closer to one-to-one.
4-36           (d)  A subdivision whose assets in the retirement system have
4-37     been allocated under Subsection (a) may not enroll new members
4-38     unless the subdivision applies to the board of trustees for
4-39     approval and receives it.  The board of trustees may not grant
4-40     approval unless the subdivision adopts an order or resolution on
4-41     the terms provided by Subchapter H, Chapter 844.
4-42           (e)  If the participating subdivision is not enrolling new
4-43     members in accordance with Subsection (d), the annuities and
4-44     credits described by Subsections (b) and (c) may not be increased
4-45     to a level that exceeds the level in effect immediately before
4-46     Subsection (a) became applicable.
4-47           (f)  When the participating subdivision or its successor has
4-48     no employees who are members of the retirement system and has no
4-49     present or potential liabilities resulting from the participation
4-50     of former employees, the subdivision's participation in the
4-51     retirement system ceases, and the system shall repay to the
4-52     subdivision or its successor the amount in the subdivision
4-53     accumulation fund that is credited to the subdivision.  If the
4-54     participating subdivision is no longer in existence and has no
4-55     successor when its participation ceases, the amount in the
4-56     subdivision accumulation fund that is credited to the subdivision
4-57     shall be transferred to the general reserves account of the
4-58     endowment fund.
4-59           (g)  If a subdivision whose assets in the retirement system
4-60     have been allocated under Subsection (a) is allowed to begin
4-61     enrolling new members in accordance with Subsection (d), the
4-62     annuities and credits described by Subsections (b) and  (c)
4-63     attributable to contributions made by members before the date the
4-64     subdivision begins enrolling new members:
4-65                 (1)  must be restored to the level in effect
4-66     immediately before Subsection (a) became applicable unless they
4-67     already equal that level; and
4-68                 (2)  may not be increased above the level in effect
4-69     immediately before Subsection (a) became applicable until the
 5-1     expiration of four calendar years after the date the subdivision
 5-2     begins enrolling new members.
 5-3           (h)  Before the initial allocation under Subsection (a) is
 5-4     determined, the subdivision may elect to contribute a lump-sum
 5-5     deposit.
 5-6           SECTION 6.  Section 842.105, Government Code, is amended to
 5-7     read as follows:
 5-8           Sec. 842.105.  STATUS AS AN EMPLOYEE.  For the purposes of
 5-9     this subtitle, a person has the standing of an employee in a
5-10     participating subdivision if the person:
5-11                 (1)  is employed in a position that normally requires
5-12     services from the person for not less than 900 hours a year by a
5-13     community supervision and corrections [judicial district probation]
5-14     department that has executed a contract with the participating
5-15     subdivision under Section 76.006, Government Code [Article 42.12,
5-16     Code of Criminal Procedure]; or
5-17                 (2)  is eligible for optional membership in the
5-18     retirement system under Subchapter C.
5-19           SECTION 7.  Subsection (a), Section 842.106, Government Code,
5-20     is amended to read as follows:
5-21           (a)  Except as provided by this section, a person who is
5-22     [not] an employee eligible for membership and is [not] eligible to
5-23     receive credit in this retirement system for service performed for
5-24     a subdivision is not [that makes a person] eligible for credit for
5-25     that service [membership or is creditable] in another pension fund
5-26     or retirement system that is at least partly supported at public
5-27     expense.  It is the responsibility of the subdivision to enforce
5-28     this provision.
5-29           SECTION 8.  Subsection (a), Section 842.108, Government Code,
5-30     is amended to read as follows:
5-31           (a)  A person who is not an employee of any participating
5-32     subdivision and who has not retired may, by written [after]
5-33     application, withdraw from membership in the retirement system, and
5-34     the person's account will be closed and the person will be paid:
5-35                 (1)  the accumulated contributions in the member's
5-36     individual account in the employees saving fund; plus
5-37                 (2)  interest computed from the beginning of the
5-38     calendar year of withdrawal through the end of the month before the
5-39     month in which withdrawal occurs on the balance in the member's
5-40     individual account in the employees saving fund on January 1 of the
5-41     year of withdrawal [all of the accumulated contributions credited
5-42     to the person's individual account in the employees saving fund,
5-43     and the retirement system shall close the account].
5-44           SECTION 9.  Section 842.109, Government Code, is amended to
5-45     read as follows:
5-46           Sec. 842.109.  TERMINATION OF MEMBERSHIP.  (a)  A person
5-47     terminates membership in the retirement system by:
5-48                 (1)  death;
5-49                 (2)  retirement;
5-50                 (3)  withdrawal of all of the person's contributions
5-51     while absent from service; or
5-52                 (4)  absence from service for five consecutive years
5-53     [or more either before accumulating enough credited service to
5-54     enable the person to retire without additional service or] before
5-55     accumulating four or more years of credited service [with one or
5-56     more subdivisions that have adopted a program allowing retirement
5-57     without additional service after accumulation of 12 years of
5-58     credited service].
5-59           (b)  A member of the retirement system is not absent from
5-60     service and continues to accumulate membership credited service if
5-61     the person[:]
5-62                 [(1)]  leaves employment with a participating
5-63     subdivision to perform and does perform qualified military service
5-64     in the uniformed services, as that term is defined in the Uniformed
5-65     Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
5-66     Section 4301 et seq.), that meets the requirements of that Act
5-67     [active duty service in the armed forces or the armed forces
5-68     reserves of the United States or an auxiliary of the armed forces
5-69     or reserves,] and if:
 6-1                 (1) [(A)]  the person applies for reemployment with the
 6-2     same subdivision not later than the 90th day after the date the
 6-3     person is [released from active duty or] discharged from military
 6-4     service under honorable conditions or released from hospitalization
 6-5     continuing after being discharged under honorable conditions
 6-6     [release or discharge] for a period of not more than two years [one
 6-7     year]; and
 6-8                 (2) [(B)]  the person is reemployed by the same
 6-9     participating subdivision[; or]
6-10                 [(2)  is conscripted and leaves employment with a
6-11     participating subdivision to perform and does perform war-related
6-12     service during a state of war or conflict between the armed forces
6-13     of the United States and a foreign country, and if the person
6-14     applies for and is reemployed by the same subdivision not later
6-15     than the 90th day after the date the person is released from active
6-16     duty or discharged from military service].
6-17           (c)  On any termination of membership in the retirement
6-18     system, a person forfeits all credited service established in the
6-19     retirement system.
6-20           SECTION 10.  Subsection (f), Section 842.110, Government
6-21     Code, is amended to read as follows:
6-22           (f)  If a person with credited service under this section
6-23     dies before a payment under Subsection (g) is made, the person's
6-24     beneficiary, or if there is no beneficiary surviving, the person's
6-25     spouse, or if there is no surviving spouse, the executor or
6-26     administrator of the person's estate, may elect payment as provided
6-27     by Section 844.407 [844.105(c)].
6-28           SECTION 11.  Subsection (c), Section 842.111, Government
6-29     Code, is amended to read as follows:
6-30           (c)  If a person with credited service under this section
6-31     dies before a payment under Subsection (d) is made, the person's
6-32     beneficiary or, if no beneficiary survives, the person's spouse, or
6-33     if there is no surviving spouse, the executor or administrator of
6-34     the person's estate, may elect payment as provided by Section
6-35     844.407 [844.105(c)].
6-36           SECTION 12.  Section 842.112, Government Code, is amended by
6-37     amending Subsection (c) and adding Subsection (i) to read as
6-38     follows:
6-39           (c)  Except as provided by Subsection (i), a [A] correction
6-40     may not be made unless the retirement system receives, in addition
6-41     to the application, each of the items required under Subsections
6-42     (d), (e), and (f), and one of the following:
6-43                 (1)  a written agreement, approved by the subdivision's
6-44     governing body, stating that an error has occurred and that the
6-45     subdivision has agreed to correct that [the] error;
6-46                 (2)  a final judgment by a court of competent
6-47     jurisdiction in proceedings to which the subdivision was a party,
6-48     ordering that the subdivision correct the error; or
6-49                 (3)  an order in an administrative proceeding to which
6-50     the subdivision was a party, directing that the subdivision correct
6-51     the error, that is no longer subject to appeal.
6-52           (i)  The correction of an error affecting not more than three
6-53     monthly reports within a period of not more than three consecutive
6-54     months may be made on the basis of the application alone if the
6-55     application, the supplemental report, and the payment required by
6-56     this section are received by the retirement system within six
6-57     months after the first day of the first month for which the
6-58     correction is being made.
6-59           SECTION 13.  Section 842.112, Government Code, is amended by
6-60     adding Subsections (j) and (k) to read as follows:
6-61           (j)  If, as a result of a suit against a participating
6-62     subdivision in a court of competent jurisdiction, a person receives
6-63     a judgment against a subdivision ordering that the person be
6-64     reinstated as an employee of the subdivision retroactively to the
6-65     date the person's employment was terminated and ordering that the
6-66     person receive credit toward retirement for the reinstated service,
6-67     on written application to the retirement system, the system shall
6-68     grant the service credit if:
6-69                 (1)  the judgment has become final and is no longer
 7-1     subject to appeal;
 7-2                 (2)  a certified copy of the judgment accompanies the
 7-3     application;
 7-4                 (3)  the retirement system receives payment from the
 7-5     person in an amount equal to the contributions the person would
 7-6     have made to the system if the employment had not been terminated
 7-7     and the service reported to the system; and
 7-8                 (4)  the retirement system receives payment from the
 7-9     subdivision in an amount equal to the additional contributions that
7-10     the subdivision would have made to the system for the additional
7-11     credited service.
7-12           (k)  If a person to whom Subsection (j) applies has forfeited
7-13     service credit as a result of withdrawal of contributions during
7-14     the time between the termination of employment and the date of
7-15     reinstatement, the person is eligible to reestablish credit under
7-16     Section 843.003.  For purposes of this subsection, forfeited credit
7-17     based on service performed for more than one participating
7-18     subdivision is considered to have been credit for service performed
7-19     only for the subdivision that is subject to the judgment, except
7-20     that credit may not be reinstated under this subsection for service
7-21     performed after the date of the termination of employment that
7-22     resulted in the judgment.
7-23           SECTION 14.  Subsection (d), Section 843.105, Government
7-24     Code, is amended to read as follows:
7-25           (d)  Interest is earned [for each whole year] on an allocated
7-26     prior service credit from the effective date of membership to the
7-27     effective date of retirement at the applicable rate for the period
7-28     as provided by Section 845.314.
7-29           SECTION 15.  Subsection (d), Section  843.201, Government
7-30     Code, is amended to read as follows:
7-31           (d)  Allocated prior service credits are allowable for a
7-32     subdivision only if [the retirement system's actuary certifies
7-33     that]:
7-34                 (1)  [the subdivision contribution rate will not exceed
7-35     the employee contribution rate plus three percent, if] the
7-36     subdivision has adopted the provisions for an annually determined
7-37     contribution rate plan under Subchapter H, Chapter 844; or
7-38                 (2)  the retirement system's actuary determines that
7-39     the subdivision's unfunded actuarial accrued liability amortization
7-40     period will be less than 25 years, if the subdivision has not
7-41     adopted the provisions of Subchapter H, Chapter 844.
7-42           SECTION 16.  Subsection (a), Section 843.203, Government
7-43     Code, is amended to read as follows:
7-44           (a)  The governing body of a subdivision that has taken over
7-45     the facilities of a hospital, utility, or other public facility
7-46     formerly operated by another participating subdivision may assume
7-47     in whole or in part the obligations that the former employer had
7-48     undertaken under this subtitle by reason of service performed by
7-49     members of the system who become employees of the subdivision
7-50     seeking to participate in the system.  A subdivision participating
7-51     in the system that could have assumed the obligations of another
7-52     subdivision had this section been in effect at time of
7-53     participation may assume in whole or in part the obligations that
7-54     the subdivision that was the first employer had undertaken by
7-55     reason of service rendered by members who became employees of the
7-56     subdivision that is the second employer.  The governing body of a
7-57     subdivision that assumes the obligations of another subdivision
7-58     under this section may make a lump-sum deposit to the account of
7-59     the other subdivision in the retirement system, in an amount
7-60     computed by the retirement system's actuary, on terms that are
7-61     agreed to in writing by the affected subdivisions and approved by
7-62     the board of trustees.  Assumptions under this section shall be by
7-63     written agreement between the affected subdivisions and are subject
7-64     to approval of the board of trustees.  An agreement under this
7-65     section may be amended in writing by the affected subdivisions if
7-66     the amendment is approved by the board of trustees.
7-67           SECTION 17.  Subsection (d), Section 843.403, Government
7-68     Code, is amended to read as follows:
7-69           (d)  Interest is earned [for each whole calendar year] on a
 8-1     current service credit or multiple matching credit from the end of
 8-2     each calendar year to the effective date of the member's retirement
 8-3     at the rate credited annually to a member's individual account in
 8-4     the employees saving fund.
 8-5           SECTION 18.  Section 843.501, Government Code, is amended to
 8-6     read as follows:
 8-7           Sec. 843.501.  LEGISLATIVE SERVICE.  (a)  A member may
 8-8     establish credit for current service in the retirement system for
 8-9     service performed as a member of the legislature[, if the member
8-10     deposits with the system a contribution in an amount computed for
8-11     each month of service claimed at the contribution rate currently
8-12     required of an employee of the subdivision that employs the member,
8-13     multiplied by $400.  On the member's making a deposit, the
8-14     employing subdivision shall deposit with the retirement system a
8-15     contribution in an amount equal to the amount deposited by the
8-16     member].
8-17           [(b)]  A member claiming credit for previous legislative
8-18     service shall file a detailed statement of the service with the
8-19     treasurer or other disbursing officer of the subdivision by which
8-20     the member is currently employed.  As soon as practicable after the
8-21     filing of a statement, the employing subdivision shall verify the
8-22     service claimed and certify to the board of trustees the amount of
8-23     service approved.
8-24           (b)  Credit may not be established under this section for
8-25     service that is credited by another retirement system or program
8-26     established or governed by state law.
8-27           SECTION 19.  Section 843.601, Government Code, is amended to
8-28     read as follows:
8-29           Sec. 843.601.  CURRENT SERVICE FOR QUALIFIED MILITARY SERVICE
8-30     [MILITARY DUTY].  (a)  In this section, "qualified military
8-31     service" means service in the uniformed services, as that term is
8-32     defined in the Uniformed Services Employment and Reemployment
8-33     Rights Act of 1994 (38 U.S.C. Section 4301 et seq.), that meets the
8-34     requirements of that Act as it now exists or is amended as to the
8-35     character of service performed.
8-36           (b)  All members of the retirement system are entitled to
8-37     receive credit for qualified military service that is subject to
8-38     the Uniformed Services Employment and Reemployment Rights Act of
8-39     1994 (38 U.S.C. Section 4301 et seq.).  Notwithstanding any
8-40     provision of this subtitle to the contrary, contributions,
8-41     benefits, and service credit for qualified military service will be
8-42     provided in accordance with Section 414(u) of the Internal Revenue
8-43     Code of 1986.  The board of trustees may adopt rules that modify
8-44     the terms of this subtitle for the purpose of compliance with the
8-45     provisions of that Act.
8-46           (c)  The governing body of a participating subdivision also
8-47     may, on the terms provided by Section 844.704, authorize the
8-48     establishment of credit for current service in the retirement
8-49     system for qualified military service as provided by this
8-50     subsection.  Qualified military service includes military service
8-51     before becoming an employee of the subdivision.  A member eligible
8-52     to establish credit under this subsection is one who has performed
8-53     as an employee at least 10 years of service that is credited in the
8-54     retirement system and who does not receive and is not eligible to
8-55     receive federal retirement payments based on 20 years or more of
8-56     active federal military duty or its equivalent.  An eligible member
8-57     may establish credit under this subsection by filing with the
8-58     retirement system an application for the credit.
8-59           (d)  A subdivision whose governing body authorized "current
8-60     service for military duty" before December 31, 1999, has authorized
8-61     credit for current service under Subsection (c).
8-62           (e)  Except for service credit established with the
8-63     retirement system before December 31, 1999, the maximum amount of
8-64     credited service that a person may receive under this section is
8-65     five years.  If a person would receive more than five years of
8-66     service credit as a result of having received credit under
8-67     Subsection (c) before receiving credit under Subsection (b),
8-68     service credit under Subsection (c) shall be canceled to the extent
8-69     necessary to reduce the total to five years of credit  [The
 9-1     governing body of a participating subdivision may, on the terms
 9-2     provided by Section 844.201, authorize the establishment of credit
 9-3     for current service in the retirement system for military service
 9-4     creditable as provided by this section.]
 9-5           [(b)  Military service creditable in the retirement system
 9-6     under this section is service as a member of the armed forces of
 9-7     the United States during a time, or before the first anniversary of
 9-8     the last day of a time, that the United States is or was engaged
 9-9     in:]
9-10                 [(1)  organized conflict with foreign forces, whether a
9-11     state of war or a police action; or]
9-12                 [(2)  a crisis in this country.]
9-13           [(c)  The board of trustees by rule shall determine the
9-14     periods recognized for purposes of this subtitle as times of
9-15     organized conflict or crisis.]
9-16           [(d)  A member eligible to establish credit under this
9-17     section is one who:]
9-18                 [(1)  does not receive and is not eligible to receive
9-19     federal retirement payments based on 20 years or more of active
9-20     federal military duty or its equivalent;]
9-21                 [(2)  has been released from military duty under
9-22     conditions not dishonorable;]
9-23                 [(3)  became a member of the retirement system after
9-24     release from military duty; and]
9-25                 [(4) has performed as an employee at least 10 years of
9-26     service that is credited in the retirement system.]
9-27           [(e)  An eligible member may establish credit under this
9-28     section by filing with the retirement system an application for the
9-29     credit.  An application must be accompanied by a contribution in an
9-30     amount computed as the number of months of service claimed under
9-31     this section, times the lesser of:]
9-32                 [(1)  the member's average monthly contribution for the
9-33     first 12 months as an employee after becoming a member of the
9-34     retirement system; or]
9-35                 [(2)  $15.]
9-36           [(f)  If a member makes a deposit under Subsection (e), the
9-37     subdivision shall deposit with the retirement system a contribution
9-38     in an amount equal to the amount deposited under Subsection (e).]
9-39           [(g)  The maximum amount of current credited service that may
9-40     be established under this section is:]
9-41                 [(1)  3 years, if the member has performed as an
9-42     employee at least 10 but less than 15 years of service that is
9-43     credited in the retirement system; or]
9-44                 [(2)  5 years, if the member has performed as an
9-45     employee at least 15 years of service that is credited in the
9-46     system].
9-47           (f) [(h)]  Credit may not be established under this section
9-48     for service that is [simultaneously] credited by another retirement
9-49     system or program established or governed by state law.
9-50           SECTION 20.  Section 843.701, Government Code, is amended to
9-51     read as follows:
9-52           Sec. 843.701.  INCREASE IN PRIOR SERVICE CREDITS.  The
9-53     governing body of a participating subdivision may not[, on the
9-54     terms provided by Section 844.201,] increase the percentage of
9-55     maximum prior service credits used in determining the allocated
9-56     prior service credits under Section 843.105 except on the terms
9-57     provided by Subchapter H, Chapter 844 [previously granted and in
9-58     effect concerning prior service with the subdivision].
9-59           SECTION 21.  Section 843.703, Government Code, is amended to
9-60     read as follows:
9-61           Sec. 843.703.  INCREASE IN MULTIPLE MATCHING CREDITS.
9-62     [(a)]  The governing body of a participating subdivision may not[,
9-63     on the terms provided by Section 844.201,] increase the percentage
9-64     used in determining multiple matching credits under Section 843.403
9-65     except on the terms provided by Subchapter H, Chapter 844
9-66     [843.403(c)].
9-67           [(b)  A percentage increase in multiple matching credits must
9-68     be in a multiple of 10 percent of the amount of member
9-69     contributions and must be applied to all members and annuitants who
 10-1    have performed or subsequently perform current service that is
 10-2    credited with the subdivision in the retirement system.]
 10-3          SECTION 22.  Subsection (c), Section 844.002, Government
 10-4    Code, is amended to read as follows:
 10-5          (c)  A supplemental annuity is an amount payable from the
 10-6    subdivision accumulation fund, subject to reduction under Section
 10-7    842.008(d), 842.009(d), 842.010(c), [842.004(c)] or 845.307(c), and
 10-8    is actuarially determined from the sum of:
 10-9                (1)  a member's allocated prior service credit,
10-10    accumulated at interest as provided by Section 843.105(d); and
10-11                (2)  a member's multiple matching credit, accumulated
10-12    at interest as provided by Section 843.403(d).
10-13          SECTION 23.  Section 844.003, Government Code, is amended by
10-14    amending Subsections (b) and (c) and adding Subsection (e) to read
10-15    as follows:
10-16          (b)  If a member who is eligible under Section 844.407
10-17    [844.105, 844.106, 844.203, 844.204, 844.207(e), or 844.210(e)] to
10-18    select an optional retirement annuity dies before retirement, the
10-19    member is considered to have retired on the last day of the month
10-20    before the month in which death occurred [or on the day before the
10-21    first anniversary of the effective date of the person's membership,
10-22    whichever is later].
10-23          (c)  Except as provided by Subsection (b), the effective date
10-24    of a member's disability retirement is the date designated on the
10-25    application for retirement filed by or for the member as provided
10-26    by Section 844.301, but the date must be the last day of a calendar
10-27    month and may not precede the date the member terminates employment
10-28    with all participating subdivisions.
10-29          (e)  Notwithstanding Subsections (a), (b), and (c), the
10-30    effective retirement date of a member may not precede the first
10-31    anniversary of the earlier of the effective date of the person's
10-32    membership in the retirement system or the effective date of
10-33    participation of the subdivision from which the member had most
10-34    recently earned credited service.
10-35          SECTION 24.  Section 844.006, Government Code, is amended by
10-36    amending Subsection (c) and adding Subsection (f) to read as
10-37    follows:
10-38          (c)  A retiree who selected an optional annuity under Section
10-39    844.104(c)(1), (c)(2), (c)(5), or (c)(6) or Section 844.305(c)(1),
10-40    (c)(2), (c)(5), or (c)(6) may revoke the designation of the
10-41    beneficiary to receive the annuity on the death of the retiree, if
10-42    a court of competent jurisdiction in a divorce proceeding involving
10-43    the retiree and beneficiary awards to the retiree the entire
10-44    retirement benefit earned by the retiree.  The order awarding the
10-45    retirement benefit may be set forth in the divorce decree or in an
10-46    order approving the terms of a property settlement agreement
10-47    incident to the divorce of the retiree and beneficiary but must be
10-48    dated on or after December 31, 1999.  The revocation takes effect
10-49    when the retirement system receives it and cancels the optional
10-50    annuity selection made by the retiree.  Beginning with the month
10-51    following the month in which the retirement system receives the
10-52    notice of revocation, the retiree is entitled to receive a standard
10-53    service or disability retirement annuity, as applicable, in the
10-54    same amount that the retiree would receive for the same month if
10-55    the retiree had originally retired with a standard service or
10-56    disability retirement annuity [Any selection and designation of
10-57    beneficiary under Subsection (a) or (b) must be in writing on forms
10-58    prescribed by the board of trustees and becomes effective on filing
10-59    with the director].
10-60          (f)  The retirement system by rule may establish requirements
10-61    for forms, documentation, and procedures necessary or desirable for
10-62    the administration of this section.
10-63          SECTION 25.  Subsections (a) and (b), Section 844.007,
10-64    Government Code, are amended to read as follows:
10-65          (a)  The [Except as provided by Subsection (g), the]
10-66    adjustments prescribed in this section shall be made in computing
10-67    the benefits of and to the accounts of any member who retires
10-68    effective at the end of any month other than December.
10-69          (b)  Interest [Through December 31, 1995, current and
 11-1    supplemental interest will be credited on the balance in the
 11-2    member's individual account in the employees saving fund on January
 11-3    1 of the year of retirement from that date to the effective date of
 11-4    retirement at the rates allowed on individual accounts of members
 11-5    as of December 31 of the preceding year.  For periods that begin
 11-6    after December 31, 1995, interest] will be credited on the balance
 11-7    in the member's individual account in the employees saving fund on
 11-8    January 1 of the year of retirement from that date to the effective
 11-9    date of retirement.
11-10          SECTION 26.  Section 844.101, Government Code, is amended to
11-11    read as follows:
11-12          Sec. 844.101.  APPLICATION FOR SERVICE RETIREMENT ANNUITY.  A
11-13    member may apply for a service retirement annuity by filing an
11-14    application for retirement with the board of trustees on or [not
11-15    less than 15 days] before the member's effective retirement date
11-16    designated on the application.
11-17          SECTION 27.  Section 844.102, Government Code, is amended to
11-18    read as follows:
11-19          Sec. 844.102.  ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.
11-20    [(a)]  A member is eligible[, beginning on the first anniversary of
11-21    the effective date of the person's membership,] to apply for
11-22    [retire] and receive a service retirement annuity, if the member:
11-23                (1)  is at least 60 years old and has at least 12 years
11-24    of credited service in the retirement system; [or]
11-25                (2)  has at least 30 years of credited service in the
11-26    retirement system; or
11-27                (3)  has met the eligibility requirements for service
11-28    retirement under Section 844.207, 844.210, or 844.211.
11-29          [(b)  A member may terminate employment with all
11-30    participating subdivisions and, beginning on the first anniversary
11-31    of the effective date of the person's membership, remain eligible
11-32    to retire and receive a service retirement annuity at any time
11-33    after the member attains the age of 60, if the member has at least
11-34    20 years of credited service in the retirement system.]
11-35          [(c)  A member whose most recent service was performed for a
11-36    subdivision having an effective date of participation in the
11-37    retirement system after August 31, 1979, may terminate employment
11-38    with all participating subdivisions and remain eligible to retire
11-39    and receive a service retirement annuity at any time after the
11-40    member attains the age of 60, if the member has at least 12 years
11-41    of credited service performed for one or more subdivisions that are
11-42    either subject to this subsection or have adopted a like provision
11-43    under Section 844.202.]
11-44          SECTION 28.  Subsection (j), Section 844.104, Government
11-45    Code, is amended to read as follows:
11-46          (j)  A retiree who dies before the 31st day after the
11-47    effective date of service retirement and who did not select an
11-48    optional service retirement annuity before death is considered to
11-49    have selected an optional annuity under Subsection (c)(7) [(c)(4)].
11-50    Alternatively, the decedent's beneficiary may elect to receive a
11-51    refund of the decedent's accumulated contributions under Section
11-52    844.401, in which case the decedent will be considered to have been
11-53    a contributing member at the time of death.
11-54          SECTION 29.  Section 844.202, Government Code, is amended to
11-55    read as follows:
11-56          Sec. 844.202.  VESTED ELIGIBILITY TO FUTURE RETIREMENT
11-57    [OPTIONAL SERVICE RETIREMENT ELIGIBILITY].  A [(a)  The governing
11-58    body of a participating subdivision may authorize an employee of
11-59    the subdivision who is a] member of the retirement system is a
11-60    vested member and may [to] terminate employment with all
11-61    participating subdivisions [the subdivision] and remain eligible to
11-62    retire and receive a service retirement annuity at any time after
11-63    the member attains the age of 60, if the member leaves the member's
11-64    accumulated contributions on deposit with the retirement system
11-65    and:
11-66                (1)  has at least 12 years of credited service;
11-67                (2)  has at least 10 years of Section 844.207 credited
11-68    service; or
11-69                (3)  has at least 8 years of Section 844.210 credited
 12-1    service [performed for one or more subdivisions that either have
 12-2    authorized the eligibility under this section or are subject to
 12-3    Section 844.102(c)].
 12-4          [(b)  The governing body of a subdivision may not authorize
 12-5    eligibility for service retirement under this section except on the
 12-6    terms provided by Section 844.201.]
 12-7          SECTION 30.  Section 844.207, Government Code, is amended to
 12-8    read as follows:
 12-9          Sec. 844.207.  OPTIONAL BENEFIT ELIGIBILITY PLAN.  (a)  The
12-10    provisions of this section shall apply to all subdivisions that
12-11    [which] elect after September 1, 1985, to begin participation in
12-12    the retirement system.  Subject to the conditions in this section
12-13    [below], the governing body of any subdivision participating as of
12-14    September 1, 1985, may adopt the plan provisions of this section.
12-15          (b)  The term "Section 844.207 credited service" as used in
12-16    this section means credited service performed for one or more
12-17    participating subdivisions that have adopted the plan provisions of
12-18    this section or the plan provisions of Section 844.210.
12-19          (c)  A member is [shall be] eligible[, beginning on the first
12-20    anniversary date of the person's membership,] to apply for [retire]
12-21    and receive a service retirement annuity, if the member:
12-22                (1)  is at least 60 years old and has at least 10 years
12-23    of Section 844.207 credited service in the retirement system; or
12-24                (2)  is less than 60 years old and has sufficient years
12-25    of Section 844.207 credited service in the retirement system that,
12-26    when that [such] number is added to the years of attained age of
12-27    the member, produces a sum equal to or in excess of the number 80;
12-28    or
12-29                (3)  if the member is eligible for service retirement
12-30    under any other provision of this subtitle.
12-31          (d)  A member who has 10 years or more of Section 844.207
12-32    credited service is a vested member for purposes of Sections
12-33    844.202, 844.302, and 844.303 [If a member has 10 years or more of
12-34    Section 844.207 credited service in the retirement system,
12-35    subsequent absence from service shall not terminate membership, and
12-36    unless membership is otherwise terminated, the member shall be
12-37    eligible to retire and receive a service retirement annuity at any
12-38    time after the member attains the age of 60 years].
12-39          (e)  A member who on December 31, 1999, has any Section
12-40    844.207 credited service, whose membership in the retirement system
12-41    continues after that date without interruption, and who accumulates
12-42    four years or more of Section 844.207 credited service is eligible
12-43    to receive a service retirement benefit when the number of years of
12-44    Section 844.207 credited service added to the years of the member's
12-45    attained age equals or exceeds the number 80 [An employee of a
12-46    participating subdivision which has adopted the plan provisions of
12-47    this section may select an optional service retirement annuity in
12-48    the manner and under the conditions provided in Section 844.105, if
12-49    the member:]
12-50                [(1)  has 10 or more years of Section 844.207 credited
12-51    service in the retirement system and has attained the age of 60
12-52    years; or]
12-53                [(2)  has at least 20 years of Section 844.207 credited
12-54    service or is otherwise eligible to make such selection of an
12-55    optional service retirement annuity under the provisions of Section
12-56    844.105, 844.106, 844.203, or 844.204.]
12-57          [If a member who is authorized under this subsection to
12-58    select an optional service retirement annuity dies before
12-59    retirement without having made a selection, the member's surviving
12-60    spouse or the executor or administrator of the member's estate may
12-61    make the selection provided by Section 844.105 under the terms of
12-62    that subsection.]
12-63          [(f)  A member who has 10 years or more of Section 844.207
12-64    credited service in the retirement system is eligible to retire and
12-65    receive a disability retirement annuity if the member is the
12-66    subject of a certification issued as provided in Section
12-67    844.303(b)(2); but a member is not entitled to retire for
12-68    disability before the first anniversary of the effective date of
12-69    the person's membership.  A member eligible to receive a disability
 13-1    retirement annuity under this subsection may, if the member is
 13-2    eligible for service retirement, elect to receive a service
 13-3    retirement annuity but may not receive both annuities.]
 13-4          [(g)  For the purposes of Subsections (c), (d), (e), and (f),
 13-5    each month of credited service under Section 844.210 is considered
 13-6    a month of Section 844.207 credited service].
 13-7          (f) [(h)]  After 1991, the governing body of a subdivision
 13-8    may not adopt the plan provisions of this section except on the
 13-9    terms provided by Subchapter H [of this chapter].
13-10          SECTION 31.  Section 844.209, Government Code, is amended to
13-11    read as follows:
13-12          Sec. 844.209.  ALTERNATIVE OPTIONAL INCREASE IN RETIREMENT
13-13    ANNUITIES [OPTIONAL BENEFIT FOR SURVIVING BENEFICIARY OF VESTED
13-14    MEMBER].  (a)  The governing body of a participating subdivision,
13-15    from time to time but not more frequently than once in each
13-16    12-month period, may provide for increased annuities to be paid to
13-17    retirees and beneficiaries of deceased retirees of the subdivision.
13-18    The governing body of the subdivision may not elect an increase in
13-19    retirement annuities under Section 844.208 and under this section
13-20    in the same 12-month period.
13-21          (b)  An increase under this section applies to all annuities
13-22    for which the effective retirement date is at least twelve months
13-23    before the effective date of the increase.
13-24          (c)  The amount of annuity increase under this section is
13-25    computed as the sum of the person's basic and supplemental
13-26    annuities on the effective date of the increase multiplied by the
13-27    integer percentage increase specified by the governing body for all
13-28    annuitants in the order or resolution adopting the increase.
13-29          (d)  Except as provided by Subsection (g), the effective date
13-30    of an order or resolution under this section is January 1 of the
13-31    year that begins after the year in which the governing body adopts
13-32    and notifies the retirement system of the order or resolution.
13-33          (e)  An increase in an annuity that was reduced because of an
13-34    option selection is reducible in the same proportion and in the
13-35    same manner that the original annuity was reduced.
13-36          (f)  The amount of an increase under this section is payable
13-37    as a supplemental annuity, is an obligation of the subdivision's
13-38    account in the subdivision accumulation fund, and is subject to
13-39    reduction under Section 845.307(c).
13-40          (g)  The governing body of a subdivision may not adopt an
13-41    order or resolution under this section except on the terms provided
13-42    by Subchapter H.  [This section applies to all subdivisions that
13-43    elect after December 31, 1991, to begin participation in the
13-44    retirement system.  Subject to the conditions provided by this
13-45    section, the governing body of any subdivision participating before
13-46    January 1, 1992, may adopt the plan provisions of this section.]
13-47          [(b)  If a member who has sufficient credited service
13-48    performed for subdivisions that have adopted or are subject to this
13-49    section to entitle the member to withdraw from service, to leave on
13-50    deposit with the retirement system the member's accumulated
13-51    contributions, and, on attainment of an age prescribed by this
13-52    subtitle, to retire with a service retirement benefit dies before
13-53    becoming eligible for deferred service retirement and leaves
13-54    surviving a person whom the member has designated as beneficiary
13-55    entitled to payment of the member's accumulated contributions if
13-56    the member dies before retirement, the surviving beneficiary may by
13-57    written notice filed with the board elect to receive, in lieu of
13-58    the accumulated deposits, an annuity payable during the lifetime of
13-59    the surviving beneficiary in the amount that would have been
13-60    payable to the surviving beneficiary had the member retired on the
13-61    last day of the month preceding the month in which death occurred
13-62    under an optional annuity described by Section 844.104(c)(1).]
13-63          [(c)  At any time before the first annuity payment, a
13-64    surviving beneficiary to whom this section applies may, after
13-65    filing a written application with the board of trustees, receive
13-66    payment of the accumulated contributions credited to the account of
13-67    the member in lieu of any benefits otherwise payable under this
13-68    section.  If the surviving beneficiary dies before the first
13-69    payment of an annuity allowed under this section, the accumulated
 14-1    contributions credited to the account of the member will be paid to
 14-2    the estate of the beneficiary.]
 14-3          [(d)  The governing body of a subdivision may not adopt the
 14-4    plan provisions of this section except on the terms provided by
 14-5    Subchapter H of this chapter.]
 14-6          [(e)  The benefit payable under Subsection (b) is payable as
 14-7    if the member had retired on the later of December 31, 1993, or the
 14-8    last day of the month preceding the month in which death occurred.
 14-9    Any benefit payments under this section must begin within one year
14-10    after the later of December 31, 1993, or the last day of the month
14-11    preceding the month in which death occurred.  A benefit payable
14-12    under Subsection (b) because of the death of a person who died
14-13    before January 1, 1994, is computed based on the benefit that would
14-14    have been payable if the death had occurred on January 1, 1994.]
14-15          [(f)  If a member to whom Subsection (b) would be applicable
14-16    designates the member's estate or more than one but not more than
14-17    three persons to receive payment of the member's accumulated
14-18    contributions if the member dies before becoming eligible to make a
14-19    selection under Section 844.105, 844.106, 844.207, or 844.210, the
14-20    executor or administrator of the estate or, if there is no executor
14-21    or administrator, the surviving beneficiaries may by written notice
14-22    filed with the board elect to receive, in lieu of the accumulated
14-23    deposits, the optional benefit described by Section 844.104(c)(4).
14-24    If the estate is not the beneficiary, the election may only be made
14-25    if all of the beneficiaries agree in writing on the selection of
14-26    the option.  If any surviving beneficiary dies before the first
14-27    payment of an annuity allowed under this section, the annuity will
14-28    be paid to those beneficiaries who are still surviving on the date
14-29    of the first payment.]
14-30          [(g)  If a member to whom Subsection (b) otherwise would be
14-31    applicable dies without having a valid beneficiary designation on
14-32    file with the retirement system, the member's estate will be
14-33    considered to be the designated beneficiary if the member died
14-34    before becoming eligible to make a selection under Section 844.105,
14-35    844.106, 844.207, or 844.210.  The executor or administrator of the
14-36    estate or, if there is no executor or administrator, the persons
14-37    entitled to receive the member's estate may elect to receive, in
14-38    lieu of the accumulated deposits, the optional benefit described by
14-39    Section 844.104(c)(4).  The election may be made only by filing
14-40    written notice with the board of trustees together with either a
14-41    certified copy of the court order or an affidavit meeting the
14-42    requirements of Section 137, Texas Probate Code.  An election by
14-43    those persons may be made only if all of the persons entitled to
14-44    the member's accumulated contributions agree in writing on the
14-45    selection of the option.]
14-46          SECTION 32.  Section 844.210, Government Code, is amended to
14-47    read as follows:
14-48          Sec. 844.210.  OPTIONAL BENEFIT ELIGIBILITY PLAN TWO.
14-49    (a)  Subject to Subsection (f) [(h)], the governing body of a
14-50    participating subdivision may adopt the plan provisions of this
14-51    section.
14-52          (b)  In this section "Section 844.210 credited service" means
14-53    credited service performed for one or more participating
14-54    subdivisions that have adopted the plan provisions of this section.
14-55          (c)  A member is eligible[, beginning on the first
14-56    anniversary of the person's membership,] to apply for [retire] and
14-57    receive a service retirement annuity if the member:
14-58                (1)  is at least 60 years old and has at least eight
14-59    years of Section 844.210 credited service in the retirement system;
14-60                (2)  is less than 60 years old and has sufficient years
14-61    of Section 844.210 credited service in the retirement system that,
14-62    when added to the years of the member's attained age, produces a
14-63    sum equal to or in excess of the number 80; or
14-64                (3)  is eligible for service retirement under any other
14-65    provision of this subtitle.
14-66          (d)  A member who [If a member] has eight years or more of
14-67    Section 844.210 credited service in the retirement system is a
14-68    vested member for purposes of Sections 844.202, 844.302, and
14-69    844.303[, subsequent absence from service does not terminate
 15-1    membership, and unless membership is otherwise terminated, the
 15-2    member is eligible to retire and receive a service retirement
 15-3    annuity at any time after the member attains the age of 60 years].
 15-4          (e)  A member who on December 31, 1999, has any Section
 15-5    844.210 credited service, whose membership in the retirement system
 15-6    continues after that date without interruption, and who accumulates
 15-7    four years or more of Section 844.210 credited service is eligible
 15-8    to receive a service retirement benefit when the number of years of
 15-9    Section 844.210 credited service added to the years of the member's
15-10    attained age equals or exceeds the number 80.  For purposes of this
15-11    subsection, Section 844.210 credited service also includes credited
15-12    service performed for one or more subdivisions that have adopted
15-13    the plan provisions of Section 844.207 [An employee of a
15-14    participating subdivision that has adopted the plan provisions of
15-15    this section may select an optional service retirement annuity in
15-16    the manner and under the conditions provided by Section 844.105 if
15-17    the member:]
15-18                [(1)  has at least eight years of Section 844.210
15-19    credited service in the retirement system and has attained the age
15-20    of 60 years; or]
15-21                [(2)  has at least 20 years of Section 844.210 credited
15-22    service or is otherwise eligible to make a selection of an optional
15-23    service retirement annuity under Section 844.105, 844.106, 844.203,
15-24    844.204, or 844.207.]
15-25          [(f)  If a member who is authorized under Subsection (e) to
15-26    select an optional service retirement annuity dies before
15-27    retirement without having made a selection, the member's surviving
15-28    spouse or the executor or administrator of the member's estate may
15-29    make the selection provided by Section 844.105 under the terms of
15-30    that section.]
15-31          [(g)  A member who has at least eight years of Section
15-32    844.210 credited service in the retirement system is eligible to
15-33    retire and receive a disability retirement annuity if the member is
15-34    the subject of a certification issued as provided by Section
15-35    844.303(b)(2), except that a member is not eligible to retire for
15-36    disability before the first anniversary of the effective date of
15-37    the person's membership.  A member eligible to receive a disability
15-38    retirement annuity under this subsection may, if the member is
15-39    eligible for service retirement, elect to receive a service
15-40    retirement annuity but may not receive both annuities].
15-41          (f) [(h)]  The governing body of a subdivision may not adopt
15-42    the plan provisions of this section except on the terms provided by
15-43    Subchapter H [of this chapter].
15-44          SECTION 33.  Section 844.211, Government Code, is amended to
15-45    read as follows:
15-46          Sec. 844.211.  OPTIONAL BENEFIT ELIGIBILITY PLAN THREE.
15-47    (a)  Subject to Subsection (e) [(d)], the governing body of a
15-48    participating subdivision may adopt the plan provisions of this
15-49    section.
15-50          (b)  In this section "Section 844.211 credited service" means
15-51    credited service performed for one or more participating
15-52    subdivisions that have adopted the plan provisions of this section.
15-53          (c)  A member is eligible[, beginning on the first
15-54    anniversary of the person's membership,] to apply for [retire] and
15-55    receive a service retirement annuity if the member:
15-56                (1)  is less than 60 years old and has sufficient years
15-57    of Section 844.211 credited service in the retirement system that,
15-58    when added to the years of the member's attained age, produces a
15-59    sum equal to or in excess of the number 75; or
15-60                (2)  is eligible for service retirement under any other
15-61    provision of this subtitle.
15-62          (d)  A member who on December 31, 1999, has any Section
15-63    844.211 credited service, whose membership in the retirement system
15-64    continues after that date without interruption, and who accumulates
15-65    four years or more of Section 844.211 credited service is eligible
15-66    to receive a service retirement benefit when the number of years of
15-67    that credited service added to the years of the member's attained
15-68    age equals or exceeds the number 75.
15-69          (e)  The governing body of a subdivision may not adopt the
 16-1    plan provisions of this section except on the terms provided by
 16-2    Subchapter H [of this chapter].
 16-3          SECTION 34.  Subsection (b), Section 844.301, Government
 16-4    Code, is amended to read as follows:
 16-5          (b)  An application for a disability retirement annuity must
 16-6    be filed on or [not less  than 15 days] before the member's
 16-7    effective retirement date designated on the application.
 16-8          SECTION 35.  Section 844.302, Government Code, is amended to
 16-9    read as follows:
16-10          Sec. 844.302.  ELIGIBILITY FOR DISABILITY RETIREMENT ANNUITY.
16-11    (a)  Except as provided by Subsection (c), a member who is not a
16-12    vested member under Section 844.202 [has less than 12 years of
16-13    credited service in the retirement system] is eligible to apply for
16-14    [retire] and receive a disability retirement annuity if the member
16-15    is the subject of a certification issued as provided by Section
16-16    844.303(b)(1).
16-17          (b)  Except as provided by Subsection (c), a member who is a
16-18    vested member under Section 844.202 [has at least 12 years of
16-19    credited service in the retirement system] is eligible to apply for
16-20    [retire] and receive a disability retirement annuity if the member
16-21    is the subject of a certification issued as provided by Section
16-22    844.303(b)(2).  A member eligible to receive a disability
16-23    retirement annuity under this subsection may, if the member is
16-24    eligible for service retirement, elect to receive a service
16-25    retirement annuity but may not receive both annuities.
16-26          (c)  A member is not eligible to retire for disability before
16-27    the first anniversary of the earlier of the effective date of the
16-28    person's membership or the effective date of participation of the
16-29    subdivision from which the member had most recently earned credited
16-30    service.
16-31          SECTION 36.  Subsection (b), Section 844.303, Government
16-32    Code, is amended to read as follows:
16-33          (b)  The medical board shall issue a certification of
16-34    disability and submit it to the board of trustees, if the medical
16-35    board finds:
16-36                (1)  in the case of a member who is not a vested member
16-37    under Section 844.202 [has less than 12 years of credited service
16-38    in the retirement system], that:
16-39                      (A)  the member is mentally or physically
16-40    incapacitated for any gainful occupation;
16-41                      (B)  the incapacity is the direct result of
16-42    injuries sustained during membership by external and violent means
16-43    as a direct and proximate result of the performance of duty;
16-44                      (C)  the incapacity is likely to be permanent;
16-45    and
16-46                      (D)  the member should be retired; or
16-47                (2)  in the case of a member who is a vested member
16-48    under Section 844.202 [has at least 12 years of credited service in
16-49    the retirement system], that:
16-50                      (A)  the member is mentally or physically
16-51    incapacitated for any gainful occupation;
16-52                      (B)  the incapacity is likely to be permanent;
16-53    and
16-54                      (C)  the member should be retired.
16-55          SECTION 37.  Subsection (h), Section 844.305, Government
16-56    Code, is amended to read as follows:
16-57          (h)  A retiree who dies before the 31st day after the
16-58    effective date of disability retirement and who did not select an
16-59    optional disability retirement annuity before death is considered
16-60    to have selected an optional annuity under Subsection (c)(7)
16-61    [(c)(4)].  Alternatively, the decedent's beneficiary may elect to
16-62    receive a refund of the decedent's accumulated contributions under
16-63    Section 844.401, in which case the decedent will be considered to
16-64    have been a contributing member at the time of death.
16-65          SECTION 38.  Subchapter E, Chapter 844, Government Code, is
16-66    amended by adding Section 844.407 to read as follows:
16-67          Sec. 844.407.  SURVIVOR ANNUITY DEATH BENEFIT.  (a)  In this
16-68    section "eligible member" means:
16-69                (1)  a member who has four or more years of credited
 17-1    service with one or more subdivisions that on September 1, 1999,
 17-2    are participating in the retirement system or that begin
 17-3    participation in the system after that date;
 17-4                (2)  a member who has 20 or more years of credited
 17-5    service with one or more subdivisions participating in the system;
 17-6                (3)  a member who is at least 60 years of age and has
 17-7    12 or more years of credited service with one or more subdivisions
 17-8    participating in the system;
 17-9                (4)  a member who is at least 60 years of age and has
17-10    10 or more years of Section 844.207 credited service; or
17-11                (5)  a member who is at least 60 years of age and has
17-12    eight or more years of Section 844.210 credited service.
17-13          (b)  An annuity described by this section may be selected and
17-14    paid on the death of an eligible member before the effective date
17-15    of the member's retirement instead of any other benefit allowed
17-16    under this subtitle, except that a supplemental death benefit under
17-17    Subchapter F may also be paid.
17-18          (c)  An eligible member may, before the effective date of the
17-19    member's retirement, file with the board of trustees on a form
17-20    prescribed by the board a selection of an optional service
17-21    retirement annuity available under Section 844.104 and a
17-22    designation of beneficiary.
17-23          (d)  A member who is entitled under this section to select
17-24    one of the optional service retirement annuities authorized by
17-25    Section 844.104 may elect instead to name a beneficiary who, on the
17-26    death of the member before retirement, will be allowed to choose
17-27    any benefit that the member could have chosen to be paid to the
17-28    beneficiary, with like effect as if the selection had been made by
17-29    the member.
17-30          (e)  An unrevoked application for deferred service retirement
17-31    executed and filed by the member with the retirement system before
17-32    December 31, 1999, shall be considered a selection of benefit and a
17-33    designation of beneficiary under Subsection (c).  If no application
17-34    is on file on that date, an unrevoked form executed by the member
17-35    and filed with the system naming a beneficiary to whom the member's
17-36    accumulated deposits are to be paid in the event of death before
17-37    retirement shall be considered a selection of a beneficiary under
17-38    Subsection (d).
17-39          (f)  A member may change a selection of an optional annuity
17-40    or a designation of beneficiary at any time before the member's
17-41    retirement or death in the same manner that the original selection
17-42    or designation was made.
17-43          (g)  If an eligible member dies before retirement without
17-44    having made a selection under Subsection (c), (d), or (e), the
17-45    member's surviving spouse is considered to be the beneficiary and
17-46    may select an optional annuity in the same manner as if the member
17-47    had made the selection.
17-48          (h)  If no surviving spouse exists, the executor or
17-49    administrator of the member's estate may elect:
17-50                (1)  for an estate beneficiary to receive the optional
17-51    annuity under Section 844.104(c)(7); or
17-52                (2)  for the estate to receive a refund of the member's
17-53    accumulated contributions under Section 844.401.
17-54          (i)  Any annuity payable under this section shall be computed
17-55    on the assumption that the member had actually retired under the
17-56    annuity selected and with the same beneficiary determined under the
17-57    applicable provision of this section, effective on the last day of
17-58    the calendar month before the month in which death of the member
17-59    occurred.
17-60          (j)  A survivor annuity under this section shall be paid from
17-61    the same accounts and is subject to the same conditions as are
17-62    applicable to a service retirement benefit for the same member.
17-63          SECTION 39.  Subchapter E, Chapter 844, Government Code, is
17-64    amended by adding Section 844.408 to read as follows:
17-65          Sec. 844.408.  NO SURVIVING SPOUSE, EXECUTOR, OR
17-66    ADMINISTRATOR.  (a)  In this section "heirs" has the meaning
17-67    assigned by Section 3, Texas Probate Code, except that the term
17-68    excludes any person who has filed a proper disclaimer or
17-69    renunciation with the retirement system.
 18-1          (b)  If a surviving spouse or the executor or administrator
 18-2    of a deceased member's estate would be entitled to make an election
 18-3    under Section 842.110(f) or 842.111(c), or if a beneficiary or the
 18-4    executor or administrator of a deceased member's estate would be
 18-5    entitled to make an election under Section 844.407 because of the
 18-6    death of the member, the heirs of the deceased member may make that
 18-7    election if:
 18-8                (1)  no surviving spouse exists, or, if Section 844.407
 18-9    is applicable, no surviving beneficiary exists;
18-10                (2)  no petition for the appointment of a personal
18-11    representative of the member is pending or has been granted;
18-12                (3)  30 days have elapsed since the date of death of
18-13    the member;
18-14                (4)  the value of the entire assets of the member's
18-15    estate, excluding homestead and exempt property, does not exceed
18-16    $50,000; and
18-17                (5)  on file with the retirement system is a certified
18-18    copy of a small estates affidavit that has been approved and filed
18-19    in accordance with Section 137, Texas Probate Code, or an original
18-20    affidavit described by Subsection (c).
18-21          (c)  If no affidavit has been filed with the clerk of the
18-22    court having jurisdiction and venue as provided by Section 137,
18-23    Texas Probate Code, the retirement system may accept instead an
18-24    affidavit sworn to by two disinterested witnesses and by those
18-25    heirs who have legal capacity and, if the facts warrant, by the
18-26    natural guardian or next of kin of any minor or incompetent who is
18-27    also an heir.  The affidavit must include the names and addresses
18-28    of the heirs and witnesses, establish the facts listed in
18-29    Subsection (b), include a list of the assets and liabilities of the
18-30    estate, show the facts that constitute the basis for the right of
18-31    the heirs to receive the estate, and show the fractional interests
18-32    of the heirs in the estate as a result of those facts.
18-33          (d)  If the retirement system, acting through the director or
18-34    a person designated by the director, approves the affidavit, the
18-35    heirs may make the election if each heir agrees to it.
18-36          SECTION 40.  Subsections (a), (b), (c), and (d), Section
18-37    844.502, Government Code, are amended to read as follows:
18-38          (a)  A member included in the coverage of the supplemental
18-39    death benefit program who fails to earn compensation in a month for
18-40    service to a subdivision participating in the supplemental death
18-41    benefits fund may be [is] eligible to receive extended coverage in
18-42    the program under [on complying with the terms of] this section.
18-43          (b)  A member who dies within 24 months after the date the
18-44    member last made a required contribution to the retirement system
18-45    is considered to have received [is entitled to receive] extended
18-46    program coverage if the retirement system receives at its office
18-47    after the member's death:
18-48                (1)  evidence that the retirement system considers
18-49    satisfactory to establish [notification] that, as a result of
18-50    illness or injury, the member was [is] unable to engage in gainful
18-51    employment throughout the period beginning with the date of the
18-52    last required contribution and ending on the date of death; [or is
18-53    on leave of absence under the Family and Medical Leave Act of 1993
18-54    (Pub. L. 103-3); and]
18-55                (2)  a statement from the subdivision, on a form
18-56    approved by the board of trustees, that the member was on leave of
18-57    absence under the Family and Medical Leave Act of 1993 (Pub. L.
18-58    103-3) throughout the period beginning with the date of the last
18-59    required contribution and ending on the date of death; or
18-60                (3)  a statement from the subdivision, on a form
18-61    approved by the board of trustees, that the member was on leave of
18-62    absence under the Family and Medical Leave Act of 1993 (Pub. L.
18-63    103-3) during part of the period beginning with the date of the
18-64    last required contribution and ending on the date of death, with
18-65    evidence that the retirement system considers satisfactory to
18-66    establish that, throughout the rest of the period, the member was
18-67    unable to engage in gainful employment as a result of illness or
18-68    injury [evidence that the member made a required contribution to
18-69    the retirement system as an employee of a subdivision participating
 19-1    in the supplemental death benefits fund for the month immediately
 19-2    preceding the first full month in which the member was unable to
 19-3    engage in gainful employment].
 19-4          (c)  A member who had applied for and received extended
 19-5    program coverage before September 1, 1999, remains covered by [The
 19-6    retirement system may request additional evidence as to illness or
 19-7    injury or of the required contribution as a condition to granting
 19-8    the coverage.]
 19-9          [(d)  Once established, extended coverage of a person in] the
19-10    supplemental death benefit program [continues] until the last day
19-11    of the month in which:
19-12                (1)  the member returns to work as an employee of a
19-13    participating subdivision;
19-14                (2)  the member becomes able to engage in gainful
19-15    employment;
19-16                (3)  the person's membership in the retirement system
19-17    is terminated;
19-18                (4)  the member retires under this subtitle; or
19-19                (5)  the member's leave of absence under the Family and
19-20    Medical Leave Act of 1993 (Pub. L. 103-3) terminates.
19-21          SECTION 41.  Section 844.505, Government Code, is amended to
19-22    read as follows:
19-23          Sec. 844.505.  BENEFICIARY OF SUPPLEMENTAL DEATH BENEFIT.
19-24    (a)  Unless a member has directed otherwise on a form prescribed by
19-25    the board of trustees and filed with the retirement system:
19-26                (1)  a supplemental death benefit under Section 844.503
19-27    is payable to the person entitled to receive the decedent's
19-28    accumulated contributions, unless the decedent was eligible under
19-29    Section 844.407 [844.105] to select an optional service retirement
19-30    annuity, in which case the benefit is payable to the beneficiary
19-31    designated by the decedent or, if no designation was made, to the
19-32    person entitled under that section to receive an optional annuity;
19-33    and
19-34                (2)  a supplemental death benefit under Section 844.504
19-35    is payable to a person entitled to receive any remaining payments
19-36    of the decedent's annuity.
19-37          (b)  If a person entitled under this section to receive a
19-38    supplemental death benefit does not survive the member or retiree
19-39    covered by the supplemental death benefit program, the benefit is
19-40    payable to the person to whom a benefit under Subchapter B or D is
19-41    payable, or if no benefit is payable under those subchapters, to
19-42    the person to whom a benefit under Subchapter E is or would be
19-43    payable [estate of the covered member or retiree].
19-44          SECTION 42.  Subsections (b) and (c), Section 844.605,
19-45    Government Code, are amended to read as follows:
19-46          (b)  A supplemental contribution rate is the rate of
19-47    contribution by a subdivision to its account in the subdivision
19-48    accumulation fund, in addition to the contributions provided under
19-49    Section 845.404(a)(2), that the actuary determines and certifies is
19-50    required, together with the contributions provided under Section
19-51    845.404(a)(2), to amortize the obligations of the subdivision to
19-52    the subdivision accumulation fund within a period of 25 years.  A
19-53    supplemental contribution rate may [not] exceed the rate determined
19-54    by the actuary [four percent of covered payroll].
19-55          (c)  A supplemental contribution rate adopted by a
19-56    participating subdivision may not be increased unless the actuary
19-57    subsequently makes the determination described by Subsection (a).
19-58    If the actuary subsequently makes the determination specified by
19-59    this subsection, the governing body of the subdivision may adopt
19-60    another supplemental contribution rate under this section.
19-61          SECTION 43.  Section 844.606, Government Code, is amended by
19-62    adding Subsection (f) to read as follows:
19-63          (f)  The lower percentage to be used in determining multiple
19-64    matching credits provided for by Subsection (b) must be a multiple
19-65    of 10 percent of the amount of member contributions.
19-66          SECTION 44.  Subsection (a), Section 844.608, Government
19-67    Code, is amended to read as follows:
19-68          (a)  Notwithstanding Section 845.402(c) [Sections 845.402(c)
19-69    and (d)], a subdivision's member contribution rate may be reduced
 20-1    to one, two, three, four, five, or six percent of the current
 20-2    service compensation of its employees, except that the rate of
 20-3    member contributions may be reduced to less than four percent only
 20-4    if the reduction is necessary under this section.
 20-5          SECTION 45.  Section 844.702, Government Code, is amended to
 20-6    read as follows:
 20-7          Sec. 844.702.  MEMBER CONTRIBUTIONS.  (a)  The governing body
 20-8    of the subdivision may designate the rate of member contributions
 20-9    for employees of the subdivision to take effect beginning on the
20-10    effective date of adoption of the plan provisions of this
20-11    subchapter.  The subdivision may elect a rate of four, five, six,
20-12    or seven percent of the current service compensation of its
20-13    employees.  The governing body of the subdivision may thereafter
20-14    increase or decrease the contribution rate to take effect on the
20-15    next January 1 after the date of adoption of the increase or
20-16    decrease, in accordance with [notwithstanding] the provisions of
20-17    Sections 845.402(b) and (c) [845.402(c) and (d)].
20-18          (b)  If necessary under Section [844.608(b) or] 844.703(h), a
20-19    subdivision's member contribution rate may be reduced to one, two,
20-20    three, four, five, or six percent of the current service
20-21    compensation of its employees.
20-22          SECTION 46.  Subsections (c), (d), (g), and (h), Section
20-23    844.703, Government Code, are amended to read as follows:
20-24          (c)  The combined rates of a subdivision's normal
20-25    contributions and prior service contributions under this subchapter
20-26    may not exceed 11 percent unless the governing body of the
20-27    subdivision elects to waive this limitation.  A waiver under this
20-28    subsection becomes effective on January 1 of the year after the
20-29    year in which it is adopted and remains effective until January 1
20-30    of the year following a repeal of the waiver by the subdivision's
20-31    governing body.
20-32          (d)  The actuary annually shall determine the subdivision
20-33    normal contribution rate and the prior service contribution rate
20-34    for subdivisions adopting the plan provisions of this subchapter
20-35    from the most recent data available at the time of determination.
20-36    Before January 1 of each year, the board of trustees shall certify
20-37    the rates of each subdivision that has adopted the plan provisions
20-38    of this subchapter.  If the combined rates of the subdivision's
20-39    normal contributions and prior service contributions under this
20-40    subchapter exceed the rate prescribed by Subsection (c), and if the
20-41    governing body of the subdivision has not waived that maximum rate,
20-42    the rate for prior service contributions must be reduced to the
20-43    rate that equals the difference between the maximum rate prescribed
20-44    by Subsection (c) and the normal contribution rate.  The governing
20-45    body may elect to contribute at a rate that is an integer percent
20-46    but not more than the maximum rate prescribed by Subsection (c),
20-47    unless the governing body has elected to waive that maximum rate,
20-48    if that elected rate exceeds the sum of the subdivision's normal
20-49    contribution rate and its prior service contribution rate as
20-50    determined under Subsections (a) and (b).  This elected rate
20-51    remains in effect for each subsequent calendar year until it is
20-52    rescinded by the governing body or until the sum of the rates
20-53    determined under Subsections (a) and (b) exceeds the elected rate,
20-54    at which time the governing body must contribute the sum of the
20-55    rates determined under Subsections (a) and (b).  For years in which
20-56    the elected rate exceeds the sum of the rates determined under
20-57    Subsections (a) and (b), the prior service contribution rate is
20-58    increased to the rate that equals the difference between the
20-59    elected rate and the normal contribution rate prescribed by
20-60    Subsection (a).
20-61          (g)  If the combined rates of the subdivision's normal
20-62    contributions and prior service contributions under this subchapter
20-63    exceed the maximum rate prescribed by Subsection (c) before the
20-64    adjustment prescribed by Subsection (d), and if the governing body
20-65    of the subdivision has not waived that maximum rate, the actuary
20-66    shall determine what lower percentage for determining multiple
20-67    matching credits of future member contributions is necessary to
20-68    make the combined rates of the subdivision not exceed the maximum
20-69    rate prescribed by Subsection (c).  The actuary shall give written
 21-1    notice of the determination to the director, who shall give written
 21-2    notice to the governing body of the subdivision.  The lower
 21-3    percentage determined by the actuary and specified in the notice to
 21-4    the governing body becomes effective as to all members who perform
 21-5    current service for the affected subdivision on or after the first
 21-6    day of the first calendar year that begins after the date of the
 21-7    notice, unless before the effective date, the governing body of the
 21-8    subdivision adopts an order or resolution, approved by the board of
 21-9    trustees, authorizing a reduction in the percentage used in
21-10    determining multiple matching credits in accordance with Section
21-11    844.704(a) or authorizing a reduction in the rate of member
21-12    contributions in accordance with Section 844.702, or authorizing
21-13    both a reduction in the percentage used in determining multiple
21-14    matching credits and a reduction in the rate of member
21-15    contributions.
21-16          (h)  If the combined rates of the subdivision's normal
21-17    contributions and prior service contributions under this subchapter
21-18    exceed the maximum rate prescribed by Subsection (c), and if the
21-19    governing body of the subdivision has not waived that maximum rate,
21-20    and if all reductions under Subsection (g), in the opinion of the
21-21    actuary, result in the combined rates of the subdivision remaining
21-22    in excess of the maximum rate prescribed by Subsection (c), the
21-23    retirement system shall reduce the rate of member contributions to
21-24    a lower rate authorized by Section 844.702 that, in the opinion of
21-25    the actuary, is required to produce a combined rate that does not
21-26    exceed the rate prescribed by Subsection (c).  At the time the
21-27    actuary determines that the rate of employee contributions that was
21-28    in existence before a reduction under this subsection no longer
21-29    would result in a combined rate in excess of the maximum rate
21-30    prescribed by Subsection (c), the retirement system shall reinstate
21-31    the employee contribution to the rate that was in effect at the
21-32    time of the reduction, unless the governing body of the subdivision
21-33    has elected to change to some other rate authorized by Section
21-34    844.702(a).  Any change under this section shall be made on January
21-35    1 of the year following the applicable determination by the
21-36    actuary.  During the time that the member contribution rate is
21-37    reduced, the combined rates of the subdivision's normal
21-38    contributions and prior service contributions shall be equal to the
21-39    maximum rate prescribed by Subsection 844.703(c).
21-40          SECTION 47.  Subsections (c), (d), and (e), Section 844.704,
21-41    Government Code, are amended to read as follows:
21-42          (c)  By adopting the plan provisions of this subchapter, the
21-43    governing body also adopts the optional benefit eligibility plan
21-44    described by Section 844.207 unless by its order it adopts the
21-45    optional benefit eligibility plan described by Section 844.210 and
21-46    the survivor annuity death benefit described by Section 844.407.
21-47          (d)  The governing body of a subdivision that has adopted or
21-48    is adopting the plan provisions of this subchapter may adopt:
21-49                (1)  the alternative optional increase in retirement
21-50    annuities [benefit for a surviving beneficiary of a vested member]
21-51    under Section 844.209;
21-52                (2)  the optional increase in retirement annuities
21-53    under Section 844.208;
21-54                (3)  the optional authorization of the reestablishment
21-55    of credited service previously forfeited under Section 843.003;
21-56                (4)  the optional authorization of the establishment of
21-57    credited service for military service under Section 843.601(c)
21-58    [843.202 or 843.601, notwithstanding the limitation related to
21-59    Section 844.201 in Section 843.202(d) and 843.601(a)];
21-60                (5)  the optional authorization of the establishment of
21-61    premembership credited service for overage employees under Section
21-62    843.204 [election to have credits recomputed on the basis of total
21-63    compensation under Section 843.702];
21-64                (6)  the optional benefit eligibility plan described by
21-65    Section 844.210; or
21-66                (7)  the optional benefit eligibility plan described by
21-67    Section 844.211.
21-68          (e)  The governing body may not adopt the benefits of this
21-69    section if the adoption would result in the combined rates of the
 22-1    subdivision's normal contributions and prior service contributions
 22-2    for the first calendar year following the adoption exceeding the
 22-3    maximum rate prescribed by Section 844.703(c) unless a waiver under
 22-4    that section is in effect.
 22-5          SECTION 48.  Section 845.105, Government Code, is amended to
 22-6    read as follows:
 22-7          Sec. 845.105.  INDEBTEDNESS; PAYMENT.  (a)  The board of
 22-8    trustees may:
 22-9                (1)  incur indebtedness;
22-10                (2)  on the credit of the retirement system, borrow
22-11    money to pay expenses incident to the system's operation;
22-12                (3)  renew, extend, or refund its indebtedness; or
22-13                (4)  issue and sell negotiable promissory notes or
22-14    negotiable bonds of the system.
22-15          (b)  A note or bond issued under this section must [mature
22-16    before the 20th anniversary of the issuance of the note or bond.
22-17    The rate of interest on the note or bond may not exceed six percent
22-18    a year.]
22-19          [(c)  The board shall charge a note or bond issued under this
22-20    section against the system's expense fund and shall pay the note or
22-21    bond from that fund.  The total indebtedness against the expense
22-22    fund may not exceed $100,000 at any time.]
22-23          [(d)  A note or bond issued under this section must]
22-24    expressly state that the note or bond is not an obligation of this
22-25    state.
22-26          SECTION 49.  Subchapter B, Chapter 845, Government Code, is
22-27    amended by adding Section 845.116 to read as follows:
22-28          Sec. 845.116.  ELECTRONIC TRANSFER OF FUNDS AND ELECTRONIC
22-29    FILING OF DOCUMENTS.  (a)  In this section:
22-30                (1)  "Electronic filing" means the filing of data
22-31    transmitted to the retirement system by the communication of
22-32    information by facsimile or in the form of digital electronic
22-33    signals transformed by computer and stored on microfilm, magnetic
22-34    tape, optical disks, or any other medium.
22-35                (2)  "Electronic transfer" means any transfer of funds,
22-36    other than a transaction originated by check, draft, or similar
22-37    paper instrument, that is initiated through an electronic terminal,
22-38    telephone instrument, computer, or magnetic media to order,
22-39    instruct, or authorize a financial institution to debit or credit
22-40    an account.
22-41          (b)  The board of trustees may adopt rules and procedures
22-42    relating to the electronic transfer of funds and the electronic
22-43    filing of documents and required reports.
22-44          (c)  Funds that are electronically transferred in accordance
22-45    with those rules and procedures are considered to have been timely
22-46    received by the retirement system.  Documents and required reports
22-47    that are electronically filed in accordance with those rules and
22-48    procedures are considered to have been properly filed with the
22-49    retirement system.
22-50          SECTION 50.  Section 845.306, Government Code, is amended to
22-51    read as follows:
22-52          Sec. 845.306.  EMPLOYEES SAVING FUND.  (a)  The retirement
22-53    system shall deposit in a member's individual account in the
22-54    employees saving fund:
22-55                (1)  the amount of contributions to the retirement
22-56    system deducted from the member's compensation;
22-57                (2)  interest allowed on money in the account in
22-58    accordance with this subtitle;
22-59                (3)  [an amount deposited by a member in accordance
22-60    with Section 845.405 to establish credited service during a time of
22-61    war;]
22-62                [(4)]  the portion of a deposit required by Section
22-63    843.003 [or 843.404] to reinstate credited service previously
22-64    terminated that represents the amount withdrawn;
22-65                (4) [(5)]  the amount deposited in accordance with
22-66    Section 843.301(b) or 843.402(b) to establish credit for prior or
22-67    current service for a person who became a member in accordance with
22-68    Subchapter C, [of] Chapter 842;
22-69                (5) [(6)]  the amount, if any, deposited by a member in
 23-1    accordance with Section 843.601(b) [843.601(e)] to establish
 23-2    current  service credit for military service;
 23-3                [(7)  the amount deposited by a member in accordance
 23-4    with Section 843.501 to establish credit for legislative service;]
 23-5    and
 23-6                (6) [(8)]  the amount deposited by a person to become a
 23-7    member in accordance with Section 842.103.
 23-8          (b)  On December 31 of each year, the retirement system shall
 23-9    credit to each member's individual account interest as allowed by
23-10    this subtitle on the amount of accumulated deposits credited to the
23-11    member's account on January 1 of that year.
23-12          [(c)  The retirement system may not pay interest on money in
23-13    a person's individual account:]
23-14                [(1)  for a part of a year; or]
23-15                [(2)  after the person's membership has been terminated
23-16    in accordance with Section 842.109 because of absence from
23-17    service.]
23-18          SECTION 51.  Subsection (a), Section 845.307, Government
23-19    Code, is amended to read as follows:
23-20          (a)  The retirement system shall deposit in the account of a
23-21    participating subdivision in the subdivision accumulation fund:
23-22                (1)  all benefit contributions made by the subdivision
23-23    to the system pursuant to Section 845.404(a)(2);
23-24                (2)  income [and interest] allocated to the fund as
23-25    provided by this subtitle;
23-26                (3)  amounts deposited by the subdivision under Section
23-27    845.408 [in accordance with former Section 845.405 to establish
23-28    credited service during a time of war];
23-29                (4)  the withdrawal charge for reinstatement of
23-30    credited service as provided by Section 843.003 [or 843.404];
23-31                (5)  the amount of matching contributions made by a
23-32    subdivision in accordance with Section 843.301(c) or 843.402(c) to
23-33    establish credit for prior or current service for a person who
23-34    became a member in accordance with Subchapter C, [of] Chapter 842;
23-35                [(6)  the amount of matching contributions made by a
23-36    subdivision in accordance with Section 843.601(f) to establish
23-37    current service credit for military service;]
23-38                [(7)  the amount of matching contributions made by a
23-39    subdivision in accordance with Section 843.501 to establish credit
23-40    for legislative service;] and
23-41                (6) [(8)]  the amount deposited by a subdivision for a
23-42    person to become a member in accordance with Section 842.103.
23-43          SECTION 52.  Subsection (f), Section 845.310, Government
23-44    Code, is amended to read as follows:
23-45          (f)  The retirement system shall deposit and hold in the
23-46    perpetual endowment account funds, gifts, and awards that the
23-47    grantors designate as perpetual endowment for the retirement system
23-48    and money forfeited to the retirement system as provided by Section
23-49    845.505 [845.503].
23-50          SECTION 53.  Section 845.312, Government Code, is amended to
23-51    read as follows:
23-52          Sec. 845.312.  SUPPLEMENTAL DEATH BENEFITS FUND.  (a)  The
23-53    retirement system shall deposit in the supplemental death benefits
23-54    fund contributions paid by subdivisions to the retirement system to
23-55    provide supplemental death benefits in accordance with Section
23-56    845.406.  The retirement system may not establish separate accounts
23-57    in the fund for subdivisions participating in the fund but shall
23-58    credit contributions to a single account.
23-59          (b)  The retirement system shall pay supplemental death
23-60    benefits only from money in the supplemental death benefits fund,
23-61    and the benefits are not an obligation of other funds of the
23-62    system.
23-63          (c)  [The supplemental death benefits fund may become
23-64    operative only after a sufficient number of subdivisions elect to
23-65    participate in the fund so that 4,000 members or more are covered
23-66    by the fund.]
23-67          [(d)  The board of trustees shall determine the operative
23-68    date of the fund.]
23-69          [(e)]  The effective participation date of a subdivision is[:]
 24-1                [(1)  the operative date of the fund if the subdivision
 24-2    elected to participate in the fund on or before the fund's
 24-3    operative date; or]
 24-4                [(2)]  the first day of any calendar month after the
 24-5    month in which the subdivision notifies the board of its election
 24-6    to enter the fund.
 24-7          [(f)  The board of trustees shall notify each subdivision of
 24-8    its effective participation date.]
 24-9          SECTION 54.  Subsection (b), Section 845.315, Government
24-10    Code, is amended to read as follows:
24-11          (b)  The account of each subdivision, other than a
24-12    subdivision that has ceased participation according to Section
24-13    845.317(a), will receive a share of the amount transferred under
24-14    Subsection (a)(5) that is in proportion to the amount that the
24-15    balance credited to its account on January 1 bears to the total
24-16    credited to the subdivision accumulation fund on that date.
24-17          SECTION 55.  The heading of Subchapter E, Chapter 845,
24-18    Government Code, is amended to read as follows:
24-19               SUBCHAPTER E.  COLLECTION OF [MEMBERSHIP FEES AND]
24-20                               CONTRIBUTIONS
24-21          SECTION 56.  Subsection (j), Section 845.403, Government
24-22    Code, is amended to read as follows:
24-23          (j)  Contributions picked up as provided by Subsection (i)
24-24    shall be treated as employer contributions in determining tax
24-25    treatment of the amounts under Section 414(h) of the United States
24-26    Internal Revenue Code of 1986[; however, each participating
24-27    subdivision shall continue to withhold federal income taxes based
24-28    upon these contributions until the Internal Revenue Service
24-29    determines or the federal courts rule that pursuant to Section
24-30    414(h) of the Internal Revenue Code of 1986 (26 U.S.C. Section
24-31    414), these picked-up contributions are not included as gross
24-32    income of the employee until such time as they are distributed or
24-33    made available].  Each employee contribution that is picked up as
24-34    above provided shall be deposited as provided in Section 845.306 to
24-35    the individual account of the member, on whose behalf they are
24-36    made, and shall be treated for all other purposes of this subtitle
24-37    in the same manner and with like effect as if the amount had been
24-38    deducted from the compensation of and made by the employee pursuant
24-39    to Sections 845.402 and 845.403(a) through (h).
24-40          SECTION 57.  Subsection (a), Section 845.404, Government
24-41    Code, is amended to read as follows:
24-42          (a)  Before the 16th day of each month, each participating
24-43    subdivision shall pay or cause to be paid to the retirement system
24-44    at the system's office:
24-45                (1)  the member contributions, or "picked-up" member
24-46    contributions, provided for by Sections 845.402 and 845.403, which
24-47    shall be deposited to the individual accounts of the members; and
24-48                (2)  the contributions that a subdivision is required
24-49    to make under this subtitle, which [an additional amount equal to
24-50    the total of contributions made by or on behalf of employees of the
24-51    subdivision under the provisions of Sections 845.402 and 845.403
24-52    for the preceding month, which additional amount] shall be
24-53    deposited to the account of the subdivision in the subdivision
24-54    accumulation fund.
24-55          SECTION 58.  Section 845.406, Government Code, is amended to
24-56    read as follows:
24-57          Sec. 845.406.  SUPPLEMENTAL DEATH BENEFITS PROGRAM.  (a)  In
24-58    addition to other contributions to the retirement system required
24-59    by this subtitle, each  subdivision participating in the
24-60    supplemental death benefits fund monthly shall pay to the fund an
24-61    amount equal to the rate of contribution computed in accordance
24-62    with this section, multiplied by the total compensation for the
24-63    month of the members employed by the subdivision.
24-64          (b)  A limitation on subdivision contribution rates provided
24-65    by this subtitle does not apply to the rate of the contribution to
24-66    the supplemental death benefits fund.
24-67          (c)  At [As soon as practical after the supplemental death
24-68    benefits program is established and at] the time of each
24-69    investigation of members' mortality and service experience required
 25-1    by Section 845.110, the actuary shall investigate the mortality
 25-2    experience of the members and eligible annuitants participating in
 25-3    the supplemental death benefits program.  On the basis of the
 25-4    result of that investigation, the actuary shall recommend to the
 25-5    board of trustees rates and tables necessary to determine
 25-6    supplemental death benefits contribution rates.  The rates and
 25-7    tables may provide for the anticipated mortality experience of the
 25-8    persons covered under the supplemental death benefits fund and for
 25-9    a contingency reserve.
25-10          (d)  Before a subdivision's participation date in the
25-11    supplemental death benefits fund and before January 1 of each
25-12    subsequent year, the actuary shall compute, on the basis of rates
25-13    and tables adopted by the board of trustees, the supplemental death
25-14    benefits contribution rate of a subdivision participating in the
25-15    supplemental death benefits contribution fund.  The rate must be
25-16    expressed as a percentage of the compensation of members employed
25-17    by the subdivision.  When the rate is approved by the board of
25-18    trustees, the rate is effective for the calendar year for which it
25-19    was approved.
25-20          (e)  The board of trustees, in the exercise of its discretion
25-21    to manage the assets of the retirement system, may lend money to
25-22    the supplemental death benefits fund if the amount in the fund is
25-23    insufficient to pay the supplemental death benefits due.  Any loan
25-24    is an investment of the retirement system and must be repaid solely
25-25    from future contributions to the supplemental death benefits fund
25-26    and its share of trust earnings.  The terms of the loan shall be
25-27    set by the board of trustees, but the loan must bear a commercially
25-28    reasonable interest rate.  The board may adjust future
25-29    contributions to the supplemental death benefits fund for purposes
25-30    of repayment of the loan [If the balance in the supplemental death
25-31    benefits fund is insufficient to pay the supplemental death
25-32    benefits due, the board of trustees may direct that, to the extent
25-33    available, an amount equal to the amount of the deficiency be
25-34    transferred from the general reserves account of the endowment fund
25-35    to the supplemental death benefits fund.  The board may adjust
25-36    future contributions to the supplemental death benefits fund to
25-37    repay to the general reserves account the transferred amount].
25-38          (f)  [If the total number of members covered by the
25-39    supplemental death benefits fund becomes fewer than 4,000, the
25-40    board of trustees may order that the fund be discontinued and all
25-41    coverage terminated.  The termination date must be December 31 of a
25-42    year designated by the board and may not be before the expiration
25-43    of six months after the date on which the order of termination was
25-44    adopted.]
25-45          [(g)]  To protect against adverse claim experience, the board
25-46    of trustees may secure reinsurance from one or more stock insurance
25-47    companies doing business in this state if the board determines that
25-48    reinsurance is necessary.  The retirement system shall pay the
25-49    premiums for reinsurance from the supplemental death benefits fund.
25-50          SECTION 59.  Subchapter E, Chapter 845, Government Code, is
25-51    amended by adding Section 845.407 to read as follows:
25-52          Sec. 845.407.  PENALTY FOR LATE CONTRIBUTIONS.  (a)  A
25-53    participating subdivision that fails to provide the information
25-54    required by Section 845.403 or to pay all contributions required by
25-55    this subchapter to be made and remitted to the retirement system
25-56    before the 16th day of the month in which they are due shall pay a
25-57    penalty under this section.  The penalty for a past-due monthly
25-58    remission is equal to interest on the past-due amounts for each day
25-59    past due at a nominal interest rate of 12 percent, plus a $500
25-60    administrative fee.  If the penalty is not paid within three months
25-61    after the date notice of the penalty has been sent to the
25-62    subdivision, the retirement system shall deduct the penalty from
25-63    the subdivision's account in the subdivision accumulation fund.
25-64    The interest portion of the penalty shall be deposited by the
25-65    retirement system in the distributable income account of the
25-66    interest fund.  The administrative fee portion of the penalty shall
25-67    be deposited by the retirement system in the expense fund.
25-68          (b)  Payment and required reports are considered to be made
25-69    when received by the retirement system.
 26-1          SECTION 60.  Subchapter E, Chapter 845, Government Code, is
 26-2    amended by adding Section 845.408 to read as follows:
 26-3          Sec. 845.408.  ADDITIONAL OPTIONAL DEPOSITS BY SUBDIVISIONS.
 26-4    In addition to the deposits that a subdivision is required to make
 26-5    under this subtitle, the governing body of a participating
 26-6    subdivision may elect to deposit to the subdivision's account in
 26-7    the subdivision accumulation fund one or more lump-sum payments.
 26-8    Once a payment is deposited, it cannot be withdrawn from that fund
 26-9    by the subdivision.
26-10          SECTION 61.  Subsection (e), Section 845.505, Government
26-11    Code, is amended to read as follows:
26-12          (e)  If a person files with the retirement system a valid
26-13    application for retirement based on an account that has been closed
26-14    under Subsection (a)[, (b),] or (c), the retirement system shall
26-15    restore the member's individual account in the employees saving
26-16    fund and pay a retirement annuity computed as of the date on which
26-17    the annuity would have been required to begin under this subtitle.
26-18    All annuity payments that previously would have been paid if the
26-19    annuity had begun on the date required under this subtitle will be
26-20    paid to the person as a single sum.
26-21          SECTION 62.  Notwithstanding Section 844.407, Government
26-22    Code, as added by this Act, a subdivision participating in the
26-23    Texas County and District Retirement System that is not subject to
26-24    Subchapter H, Chapter 844, Government Code, may before December 31,
26-25    1999, elect not to have Subdivision (1), Subsection (a), Section
26-26    844.407, apply to the subdivision by filing a notice of that
26-27    election with the retirement system before that date.  A
26-28    subdivision that makes an election under this section may
26-29    subsequently elect to have Subdivision (1), Subsection (a), Section
26-30    844.407, Government Code, as added by this Act, apply to the
26-31    subdivision.
26-32          SECTION 63.  The following provisions of the Government Code
26-33    are repealed:
26-34                (1)  Section 842.005;
26-35                (2)  Section 843.202;
26-36                (3)  Section 843.404;
26-37                (4)  Section 843.603;
26-38                (5)  Section 843.702;
26-39                (6)  Sections 844.007(d), (e), (f), and (g);
26-40                (7)  Section 844.105;
26-41                (8)  Section 844.106;
26-42                (9)  Section 844.107;
26-43                (10)  Section 844.108;
26-44                (11)  Section 844.201;
26-45                (12)  Section 844.203;
26-46                (13)  Section 844.204;
26-47                (14)  Section 844.205;
26-48                (15)  Section 844.206; and
26-49                (16)  Sections 844.502(e) and (f).
26-50          SECTION 64.  This Act takes effect December 31, 1999, except
26-51    Sections 13, 16, 62, and this section, which take effect September
26-52    1, 1999.
26-53          SECTION 65.  The importance of this legislation and the
26-54    crowded condition of the calendars in both houses create an
26-55    emergency and an imperative public necessity that the
26-56    constitutional rule requiring bills to be read on three several
26-57    days in each house be suspended, and this rule is hereby suspended.
26-58                                 * * * * *