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.