By Flores H.B. No. 877 77R11221 YDB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the benefits provided to the surviving spouse and minor 1-3 children of certain public employees killed in the line of duty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 615, Government Code, is amended by adding 1-6 Subchapter F to read as follows: 1-7 SUBCHAPTER F. ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER 1-8 Sec. 615.121. PAYMENT TO SURVIVING SPOUSE. (a) The state 1-9 shall pay the following benefits to an eligible surviving spouse of 1-10 a peace officer or an employee of the institutional division or 1-11 state jail division of the Texas Department of Criminal Justice, as 1-12 described by Section 615.003(1) or (6), who was killed in the line 1-13 of duty and who had not qualified for an annuity under an 1-14 employees' retirement plan: 1-15 (1) funeral expenses related to the deceased officer 1-16 or employee; and 1-17 (2) monthly payments that equal the greater of: 1-18 (A) the monthly annuity payment the deceased 1-19 officer or employee would have received if the officer or employee 1-20 had survived, had retired on the last day of the month in which the 1-21 officer or employee died, and had been eligible to receive an 1-22 annuity under an employees' retirement plan; or 1-23 (B) the minimum monthly annuity payment the 1-24 deceased officer or employee would have received if the officer or 2-1 employee had been employed by the state for 10 years, had been paid 2-2 a salary at the lowest amount provided by the General 2-3 Appropriations Act for a position of peace officer or employee of 2-4 the institutional division or state jail division of the Texas 2-5 Department of Criminal Justice, as described by Section 615.003(1) 2-6 or (6), and had been eligible to retire under the Employees 2-7 Retirement System of Texas. 2-8 (b) The surviving spouse is entitled to continue to receive 2-9 monthly payments under Subsection (a) until the earlier of: 2-10 (1) the date the surviving spouse remarries; 2-11 (2) the date the surviving spouse becomes eligible for 2-12 retirement under an employees' retirement plan; or 2-13 (3) the date the surviving spouse becomes eligible for 2-14 Social Security benefits. 2-15 Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an 2-16 eligible surviving spouse who would be entitled to benefits under 2-17 Section 615.121 does not exist but one or more eligible surviving 2-18 minor children of the deceased peace officer or employee of the 2-19 institutional division or state jail division of the Texas 2-20 Department of Criminal Justice, as described by Section 615.003(1) 2-21 or (6), do exist, the state shall pay to the guardian or other 2-22 legal representative of those children the funeral expenses of the 2-23 deceased officer or employee. 2-24 Sec. 615.123. BENEFITS ADDITIONAL. The benefits provided by 2-25 this subchapter are in addition to any other benefits provided by 2-26 this chapter. 2-27 SECTION 2. Subchapter F, Chapter 615, Government Code, as 3-1 added by this Act, applies only to the payment of benefits in 3-2 relation to a peace officer or employee killed in the line of duty 3-3 on or after September 1, 2001. 3-4 SECTION 3. This Act takes effect September 1, 2001.