By Barrientos S.B. No. 185
77R2504 GJH-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 (c), an occupational
1-16 disability retirement annuity under this section is an amount, but
1-17 not more than 100 percent, computed on the basis of the officer's
1-18 monthly compensation at the time of the disabling injury or
1-19 disease, times a percentage derived by application of Section
1-20 814.107(b).]
1-21 [(c)] A disability retirement annuity under this section is
1-22 100 [not reducible because of age and may not be less than 50]
1-23 percent of the [officer's] monthly compensation being paid to an
1-24 officer in the same classification as the officer, as adjusted from
2-1 time to time until the retired officer attains the age of 55,
2-2 regardless of the amount of service credited to the officer in the
2-3 employee class.
2-4 (c) [(d)] The portions of the annuity under this section
2-5 payable from the law enforcement and custodial officer supplemental
2-6 retirement fund are the amount remaining after deduction of any
2-7 amount payable under Section 814.206, except the portion of an
2-8 amount that exceeds the minimum payments provided by Section
2-9 814.206(b) and that is made for service other than as a law
2-10 enforcement or custodial officer [and any amount by which an
2-11 annuity is increased under Subsection (e)].
2-12 (d) A retiree who is receiving an annuity under this section
2-13 must report the retiree's earned income to the system according to
2-14 board rule. For any year in which the retiree's earned income
2-15 exceeds $30,000, the system shall reduce the retiree's future
2-16 annuity payments by an amount that is equal to the amount that the
2-17 retiree's earned income exceeded $30,000.
2-18 [(e) If a retiring member or retiree under this section
2-19 presents evidence satisfactory to the retirement system that the
2-20 person's condition makes the person incapable of gainful occupation
2-21 and is considered a total disability under federal social security
2-22 law, the retirement system shall increase the person's occupational
2-23 disability retirement annuity to 100 percent of the officer's
2-24 monthly compensation at the time of the disabling injury or
2-25 disease.]
2-26 SECTION 2. (a) The Employees Retirement System of Texas
2-27 shall recompute an annuity that first became payable before
3-1 September 1, 2001, as though Section 814.207(b), Government Code,
3-2 as amended by this Act, was in effect on the date the annuity first
3-3 became payable.
3-4 (b) The first payment of the recomputed annuity is payable
3-5 on the first payment date occurring on or after the effective date
3-6 of this Act.
3-7 SECTION 3. This Act takes effect September 1, 2001.