SRC-SEW H.B. 1569 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1569
77R7339 SMJ-DBy: Yarbrough (Brown)
Intergovernmental Relations
4/4/2001
Engrossed


DIGEST AND PURPOSE 

Legislation passed in 1997 created law governing the firefighters' relief
and retirement fund for firefighters in cities having a population of at
least 1,600,000. Due to the conservative management of the fund, the fund
has continually grown each year. As proposed, H.B. 1569 authorizes an
annual supplemental benefit, increases the lump-sum benefit payable to
members upon retirement and to certain classes of survivors from $4000 to
$5000, increases the deferred retirement option program (DROP) from 7 to 10
years, and allows the firefighters to participate in the proportional
retirement program with police and city employees. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the board of trustees of a
firefighters' relief and retirement fund established under this article in
SECTION 6 (proposed new Section 18, Article 6243e.2(1), Revised Statutes)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 4(d), Article 6243e.2(1), Revised Statutes, to
require the total monthly benefit payable to a retired or disabled member,
other than a deferred retiree or active member who has elected the DROP
under Section 5(b) of this article, or payable to an eligible survivor of a
deceased member as provided by Section 7(a) of this article, to be
increased by certain amounts. Makes conforming changes. 

SECTION 2.  Amends Section 5, Article 6243e.2(1), Revised Statutes, by
amending Subsections (a), (b), (c), (d), (i), and (l) and adding
Subsections (p), (q), and (r), as follows: 
 
(a) Provides that an election to participate in the DROP, once approved by
the board, is irrevocable.  Deletes text regarding an exception under
Subsection (l) of this section.  Provides that a DROP participant's monthly
benefit at retirement is increased by two percent of the amount of the
member's original benefit for every full year of participation in the DROP
by the member.  Provides that this increase is applied to the member's
benefit at retirement and is not added to the member's DROP account.
Prohibits the total increase under this subsection from exceeding 20
percent for 10 years of participation in the DROP by the member. 

(b) Prohibits a member from participating in the DROP for more than 10
years. Prohibits subsequent deductions from the member's salary under
Section 13(c) of this article, if a DROP participant remains in active
service after the 10th (rather than seventh) anniversary of the effective
date of the member's DROP election, from being credited to the member's
DROP account and prohibits the deductions from otherwise increasing any
benefit payable from the fund for the member's service. 

  (c) Makes a conforming change.

   (d) Makes a conforming change.  

(i) Provides that the day immediately before the effective date of the DROP
participant's election is considered to be the date the member terminates
active service, rather than on the effective date of the participant's
election.  Deletes language regarding disability benefits and an exception
under Subsection (l). 

(l) Deletes language regarding ineligibility to receive enhanced death
benefits, DROP participants incapable of performing gainful employment, the
death of a DROP participant, on-duty disability, and DROP election
revocations.  Provides that a member who participates in the DROP is
ineligible for disability benefits described by Section 6 of this article,
except the benefits described by Section 6(c).  Requires the disability
benefit provided by Section 6(c)(1), if a member who has a disability
described by Section 6(c) of this article is a DROP participant, to be paid
to the member, as a monthly pension benefit, in addition to payments from
the DROP account balance. Requires the benefit provided by Section 7(c), if
a member who dies under the conditions described by Section 7(c) of this
article is a DROP participant at the time of death or disability resulting
in death, to be paid to the member's eligible survivors, as a monthly
pension benefit, in addition to payments from the DROP account balance 

(p) Authorizes a member participating in the DROP who was qualified to make
a DROP election before the actual date of the member's election to elect to
have the member's DROP account recomputed by participating in a Back-DROP.
Provides that, under a Back-DROP election, the member's account balance is
equal to the amount that the account would have had if the member had
elected to participate in the DROP on an earlier date chosen by the member.
Prohibits the Back-DROP date chosen by the member from being earlier than
the later of the date that is three years before the date the member
elected to participate in the DROP, or September 1, 1995. Provides that the
member's choice of a Back-DROP date is irrevocable, except as provided by
Subsection (r) of this section. 

(q) Authorizes a member to revoke the member's Back-DROP election by
notifying the fund in writing not later than the 10th business day after
the date the member signs an application form for a Back-DROP. 

(r) Authorizes a member to revoke the date chosen under a Back-DROP
election and choose an earlier Back-DROP date only in certain instances. 
  
SECTION 3.  Amends Sections 10A(a), (b), (c), (d), (e), (h), and (i),
Article 6243e.2(1), Revised Statutes, as follows: 

(a)  Requires the board of trustees of a firefighters' relief and
retirement fund established under this article (board) to pay supplemental
benefits under this section to retired members and eligible survivors who
are receiving retirement or survivor benefits on June 30 of the year
preceding the year in which the supplemental benefits are to be paid.
Deletes language regarding deferred retirees and survivors of deferred
retirees and subsection (b).  Prohibits deferred retirees or survivors of
deferred retirees from receiving supplemental benefits under this section.
Deletes language regarding the board paying supplemental benefits in
January following a fiscal year of the fund in which the requirements of
Subsection (b) of this section are met. 

(b)  Requires the board to pay the supplemental benefits under this section
each January.  Deletes language regarding the fund actuary making certain
determinations. 

(c)  Deletes language regarding the board adopting rule and procedures.
Provides that,  for purposes of this section, the minimum income level is
the federal poverty guideline for a family of five as issued by the United
States Department of Health and Human Services, rounded up to the nearest
$1,000.  

(d)  Deletes language regarding the board making a determination of an
aggregate supplemental benefit amount.  Provides that the aggregate
supplemental benefit amount is $5 million.   

  (e) Makes a conforming change.

  (h) Makes a conforming change.

(i) Provides that, if the lump-sum payment plus the annual retirement
benefit is less than the minimum income level under Subsection (c) of this
section, rather than established by the board, the retired member or
eligible survivor is entitled to receive an additional payment from the
amount determined under Subsection (d) of this section that will cause
payments to the recipient to meet but not exceed the minimum income level. 

SECTION 4.  Amends Sections 10B(a) and (b), Article 6243e.2(1), Revised
Statutes, as follows: 

(a)  Requires the board to pay certain members (rather than people), a
$5000 (rather than $4000) lump-sum payment from the fund, in addition to
any other benefits, as soon as administratively practicable after the date
of the member's retirement.  Deletes language regarding a retirement after
June 30, 1998.   

(b) Requires the board to pay a $5,000 lump-sum payment from the fund, in
addition to any other benefits, to an eligible survivor of certain members.

SECTION 5.  Amends Section 11(c), Article 6243e.2(1), Revised Statutes, to
require 
the benefits, including survivor benefits, payable based on the service of
a member who is or would have been at least 48 (rather than 50) years old,
received or is receiving an on-duty disability pension under Section 6(c)
of this article, or died under the conditions described by Section 7(c) of
this article, to be increased by three percent in October of each year and,
if the benefit had not previously been subject to that adjustment, in the
month of the member's 48th (rather than 50th) birthday.  Deletes language
regarding 30 or more years of participation. 

SECTION 6.  Amends Article 6243e.2(1), Revised Statutes, by adding Section
18, as follows: 
 
Sec. 18.  PROPORTIONAL RETIREMENT PROGRAM. (a) Defines "combined service
credit," "participating retirement system", "program," and "service
credit." 
  
(b) Authorizes the board, if the board determines that the provisions
governing a participating retirement system are compatible with the
provisions governing the fund under this article, to establish the program
under this section. 

(c) Authorizes a member who is eligible to participate to, under the
program, use combined service credit to determine eligibility for a benefit
under this article.  Requires the member to have at least 20 years of
combined service credit to receive a proportional retirement benefit.
Provides that the member is subject to the same requirements and receives
the same benefits, including enhancements, as a member who establishes
retirement eligibility for the same amount of service credit without using
combined service credit. 

(d)  Prohibits a member from using or receiving certain service credit and
benefits under certain conditions. 
 
(e) Provides that a person is eligible to participate in the program if the
person is employed by the city, is covered by a participating retirement
system, and is or has been a member of the fund. 

(f)  Prohibits a member who is retired or participating in a DROP under
Section 5 of this article from participating in the program.  Prohibits a
member from receiving a disability retirement benefit and a service
retirement benefit under the program. 

(g)  Provides that, in determining proportional retirement benefits under
the program for a member who has participated in the fund for less than 20
years, the member is entitled to a monthly benefit in an amount equal to
1.7 percent of the member's average monthly salary multiplied by the number
of the member's years of participation in the fund. 
 
(h)  Authorizes a member who receives a disability benefit under a
participating retirement system to receive a proportional disability
benefit under the program as provided by Subsection (i) of this section. 

(i)  Provides that, in determining disability retirement benefits under the
program, the member is entitled to a monthly benefit in an amount equal to
1.7 percent of the member's average monthly salary multiplied by the number
of the member's years of participation in the fund. 

(j)  Authorizes the board to modify the program only to make the program's
provisions compatible with the provisions of a participating retirement
system.  Prohibits the board from modifying the program for the purpose of
providing a new benefit to a member. 

(k)  Authorizes the board, if the board determines that the provisions
governing a participating retirement system are not compatible with the
provisions governing the fund under this article, to terminate the program.
Requires the board to provide written notice to the executive director of
the participating retirement system by a certain date. Authorizes the board
to reestablish the program at its discretion, subject to the requirements
of this section. 

  (l)  Authorizes the board to adopt rules to implement and administer this
section. 
 
SECTION 7. (a) Provides that, except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2001. 
 
(b)  Provides that Section 18, Article 6243e.2(1), Revised Statutes, as
added by this Act, takes effect October 1, 2001.