By Uher H.B. No. 1546
77R3703 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disability retirement benefits for certain peace
1-3 officers under the Employees Retirement System of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 814.207, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN
1-8 PEACE OFFICERS. (a) An annuity payable because of an occupational
1-9 disability that directly results from a risk or hazard to which law
1-10 enforcement or custodial officers are exposed because of the nature
1-11 of law enforcement or custodial duties is payable under the same
1-12 terms and conditions that apply to other occupational disability
1-13 retirement annuities under this subtitle, except that the source
1-14 and amount of the annuity are as provided by this section.
1-15 (b) Except as provided by Subsection (d) or (f) [c], a [an
1-16 occupational] disability retirement annuity under this section is
1-17 an amount[, but not more than 100 percent,] computed by multiplying
1-18 three numbers together: [on the basis of]
1-19 (1) the officer's amount of service credit in the
1-20 employee class;
1-21 (2) the [officer's] monthly compensation being paid to
1-22 an officer in the same classification as the officer, as adjusted
1-23 from time to time until the retired officer attains the age of 55;
1-24 and
2-1 (3) the multiplier described [at the time of the
2-2 disabling injury or disease, times a percentage derived] by
2-3 [application of] Section 814.107(b).
2-4 (c) A disability retirement annuity under this section is
2-5 not reducible because of age.
2-6 (d) The amount of a disability retirement annuity under this
2-7 section [and] may not be less than 70 [50] percent of the
2-8 [officer's] monthly compensation being paid to an officer in the
2-9 same classification as the officer, as adjusted from time to time
2-10 until the retired officer attains the age of 55, regardless of the
2-11 amount of service credited to the officer in the employee class.
2-12 (e) [(d)] The portions of the annuity under this section
2-13 payable from the law enforcement and custodial officer supplemental
2-14 retirement fund are the amount remaining after deduction of any
2-15 amount payable under Section 814.206, except the portion of an
2-16 amount that exceeds the minimum payments provided by Section
2-17 814.206(b) and that is made for service other than as a law
2-18 enforcement or custodial officer, plus [and] any amount by which an
2-19 annuity is increased under Subsection (f) [(e)].
2-20 (f) [(e)] If a retiring member or retiree under this section
2-21 presents evidence satisfactory to the retirement system that the
2-22 person's condition makes the person incapable of gainful occupation
2-23 and is considered a total disability under federal social security
2-24 law, the retirement system shall increase the person's occupational
2-25 disability retirement annuity to 100 percent of the [officer's]
2-26 monthly compensation being paid to an officer in the same
2-27 classification as the officer, as adjusted from time to time until
3-1 the retired officer attains the age of 55 [at the time of the
3-2 disabling injury or disease].
3-3 SECTION 2. (a) The Employees Retirement System of Texas
3-4 shall recompute an annuity that first became payable before
3-5 September 1, 2001, as though Sections 814.207(b), (d), and (f),
3-6 Government Code, as amended by this Act, were in effect on the date
3-7 the annuity first became payable.
3-8 (b) The first payment of the recomputed annuity is payable
3-9 on the first payment date occurring on or after the effective date
3-10 of this Act.
3-11 SECTION 3. This Act takes effect September 1, 2001.