SRC-BWC C.S.H.B. 877 77(R)    BILL ANALYSIS


Senate Research CenterC.S.H.B. 877
77R15684 YDB-DBy: Flores (Barrientos)
State Affairs
5-10-2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Under current law, the Employees Retirement System of Texas (ERS) does not
provide benefits to the surviving spouses and minor children (survivor) of
state peace officers or employees of the institutional division or state
jail division of the Texas Department of Criminal Justice (employees)
killed in the line of duty, and who have not yet vested in ERS at the time
of death.  Providing survivor benefits to the beneficiaries of deceased
officers and employees would help to ease the financial burden that
compounds a surviving family's emotional difficulties.  C.S.H.B. 877
provides survivor benefits for the families of state peace officers and
employees killed in the line of duty.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Employees Retirement
System of Texas in SECTION 2 (Section 615.121, Government Code) in this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 615.023, Government Code, by adding Subsection
(d) to provide that assistance payable under this section to a minor child
of a peace officer or employee of the institutional division or state jail
division of the Texas Department of Criminal Justice (department), as
described by Section 615.003(1) or (6), is not dependent on the deceased
peace officer or employee being vested in the Employees Retirement System
of Texas (system) before death. 

SECTION 2. Amends Chapter 615, Government Code, by adding Subchapter F, as
follows: 

SUBCHAPTER F.  ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER

Sec. 615.121.  PAYMENT TO SURVIVING SPOUSE.  Requires the state to pay
certain benefits to an eligible surviving spouse of a peace officer or an
employee of the institutional division or state jail division of the
department, as described by Section 615.003(1) or (6), who was killed in
the line of duty and who had not qualified for an annuity under an
employees' retirement plan.  Provides that the surviving spouse is entitled
to continue to receive monthly payments under this section until the
earlier of the date the surviving spouse remarries, the date the surviving
spouse becomes eligible for retirement under an employees' retirement plan,
or the date the surviving spouse becomes eligible for Social Security
benefits.  Authorizes the system to require the surviving spouse to provide
information as necessary to administer this section. Authorizes the system
to adopt rules necessary to administer this section including certain
rules. Requires the system to apply reduction factors, as applicable to an
annuity payable under this section, in the same manner the factors are
applied to a death benefit plan administered by the system. 

Sec. 615.122.  PAYMENT TO SURVIVING MINOR CHILDREN.  Requires the state to
pay to the guardian or other legal representative of those children the
funeral expenses of the deceased officer or employee, if an eligible
surviving spouse who would be entitled to benefits under Section 615.121
does not exist but one or more eligible surviving minor children of the
deceased peace officer or employee of the institutional division or state
jail division of the department, as described by Section 615.003(1) or (6),
do exist. 

Sec. 615.123.  BENEFITS ADDITIONAL.  Provides that the benefits provided by
this subchapter are in addition to any other benefits provided by this
chapter. 

SECTION 3.  Provides that Chapter 615F, Government Code, as added by this
Act, applies only to the payment of benefits in relation to a peace officer
or employee killed in the line of duty on or after September 1, 2001. 

SECTION 4.  Effective date: September 1, 2001.