By Barrientos S.B. No. 593
77R3993 SGA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to credit in and benefits and administration of retirement
1-3 systems for police officers in certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.02(19), Chapter 452, Acts of the 72nd
1-6 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (19) "Normal retirement date" means the last day of
1-9 the earliest month in which the member has satisfied the
1-10 eligibility requirements of Section 6.02 of this Act[:]
1-11 [(A) has attained the age of 55 and completed at
1-12 least 20 years of creditable service;]
1-13 [(B) has completed 25 years of creditable
1-14 service at any age; or]
1-15 [(C) has reached the age of 62].
1-16 SECTION 2. Section 6.02, Chapter 452, Acts of the 72nd
1-17 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-18 Civil Statutes), is amended to read as follows:
1-19 Sec. 6.02. ELIGIBILITY FOR SERVICE RETIREMENT. (a) Any
1-20 member shall be eligible for service retirement if the member has
1-21 attained the age of 55 years and completed at least 20 years of
1-22 creditable service with the city, or has completed 23 [25] years of
1-23 creditable service, excluding any military service established
1-24 under Section 5.02 of this Act [or attained age 62].
2-1 (b) Except as provided by Subsection (c) of this section,
2-2 the age and length-of-service requirements for service retirement
2-3 may be changed if the change:
2-4 (1) is approved by the board's actuary;
2-5 (2) is adopted by the board as a board rule;
2-6 (3) applies to all persons who are members on the
2-7 effective date of the change and all persons who become members
2-8 after the effective date of the change; and
2-9 (4) does not increase the requirements for a person
2-10 who already is eligible for service retirement on the effective
2-11 date of the change.
2-12 (c) Any member, irrespective of the number of years of
2-13 creditable service, shall be eligible for service retirement after
2-14 attaining the [at] age of 62 years. No member shall be paid any
2-15 benefits by the system so long as the member is employed by the
2-16 city as a police officer or by the system as an employee of the
2-17 system's administrative staff.
2-18 SECTION 3. Section 6.07, Chapter 452, Acts of the 72nd
2-19 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
2-20 Civil Statutes), is amended by amending Subsections (a), (b), and
2-21 (d)-(g), adding new Subsections (h) and (i), and redesignating
2-22 existing Subsection (h) as Subsection (j) to read as follows:
2-23 (a) The retroactive deferred retirement option plan,
2-24 referred to as RETRO DROP, is an option a member eligible for
2-25 service retirement based on 23 [25] years of creditable service,
2-26 excluding any military service established under Section 5.02 of
2-27 this Act, may elect at retirement subject to the conditions of this
3-1 section. The number of years of creditable service required for
3-2 this option to be available to a member may be changed if the
3-3 change:
3-4 (1) is approved by the board's actuary;
3-5 (2) is approved by the board as a board rule;
3-6 (3) applies to all persons who are members on the
3-7 effective date of the change and all persons who become members
3-8 after the effective date of the change; and
3-9 (4) does not increase the requirements for a person
3-10 who already is eligible to participate in RETRO DROP on the
3-11 effective date of the change. [A member who elects RETRO DROP
3-12 receives a lump sum and a monthly retirement benefit.]
3-13 (b) The member shall select the RETRO DROP benefit
3-14 computation date. The date:
3-15 (1) must be the last day of the month used for the
3-16 purpose of determining the monthly retirement benefit;
3-17 (2) may not precede the date the member first became
3-18 eligible for service retirement based on the [25] years of
3-19 creditable service required under Subsection (a)[, excluding any
3-20 military service credit established under Section 5.02 of this
3-21 Act]; and
3-22 (3) may not precede the date of retirement by more
3-23 than 36 months.
3-24 (d) The RETRO DROP benefit [lump-sum] accumulation period
3-25 includes each month from the month following the RETRO DROP benefit
3-26 computation date through the month of retirement. The RETRO DROP
3-27 benefit [lump sum] accumulates month by month during the
4-1 accumulation period as the sum of:
4-2 (1) the monthly annuity amounts that would have been
4-3 paid during the RETRO DROP benefit [lump-sum] accumulation period;
4-4 (2) deposits made by the member to the police
4-5 retirement system as a percent of the basic hourly earnings of the
4-6 member during the RETRO DROP benefit [lump-sum] accumulation
4-7 period; and
4-8 (3) interest credited on the RETRO DROP benefit [lump
4-9 sum] during the RETRO DROP benefit [lump-sum] accumulation period.
4-10 (e) The first monthly annuity amount that would have been
4-11 paid during the RETRO DROP benefit [lump-sum] accumulation period
4-12 is the amount defined by Subsection (c) of this section.
4-13 Subsequent monthly annuity amounts that would have been paid during
4-14 the RETRO DROP benefit [lump-sum] accumulation period must include
4-15 any cost-of-living increases or special ad hoc increases in annuity
4-16 amounts granted in accordance with Sections 6.01(c) and (d) of this
4-17 Act.
4-18 (f) The interest credited to the RETRO DROP benefit during
4-19 the accumulation period [lump sum] shall be credited on each
4-20 December 31 in the RETRO DROP benefit [lump-sum] accumulation
4-21 period in an amount equal to five percent of the amount of the
4-22 RETRO DROP benefit [lump sum] as of January 1 of the same calendar
4-23 year. If the month of retirement is other than December, the
4-24 interest shall be credited for the partial year at the end of the
4-25 month of retirement in an amount equal to five-twelfths of one
4-26 percent of the amount of the accumulated RETRO DROP benefit [lump
4-27 sum] as of January 1 of that year multiplied by the number of
5-1 complete months of service in that year. A complete month does not
5-2 include a month in which service amounted to fewer than 15 days.
5-3 (g) A member who elects RETRO DROP receives both a monthly
5-4 annuity and a RETRO DROP benefit. The first monthly annuity
5-5 payment shall be on the last day of the month immediately following
5-6 the month of retirement. Unless the member elects to receive
5-7 partial payments of the RETRO DROP benefit as provided by
5-8 Subsection (h), the member shall receive a lump-sum payment equal
5-9 to the accumulated RETRO DROP benefit, which amount shall be paid
5-10 [The lump sum is due and payable] to the member on the date
5-11 selected by the member. The date must be a business day and must
5-12 be not earlier than [during the period beginning on] the last day
5-13 of the month immediately following the month of retirement [and
5-14 ending exactly two years later]. If the member dies before [the
5-15 date] the member receives [selected to receive] the lump sum, the
5-16 lump sum is payable to the member's beneficiary or, if no
5-17 beneficiary exists, to the member's estate, unless the member has
5-18 directed otherwise in a duly acknowledged writing filed with the
5-19 board.
5-20 (h) Instead of a single lump-sum payment, a member may elect
5-21 to receive partial payments from the member's RETRO DROP account
5-22 for each calendar year, in an amount elected by the member. The
5-23 board may establish procedures concerning partial payments,
5-24 including limitations on timing and frequency of those payments. A
5-25 member who elects partial payments may, at any time, elect to
5-26 receive the member's entire remaining RETRO DROP account balance in
5-27 a single lump-sum payment, with the payment to be made under rules
6-1 adopted by the board.
6-2 (i) If a member elects partial payments, the member's RETRO
6-3 DROP account shall be credited with earnings and losses of the
6-4 system under this subsection for periods after the member's
6-5 retirement date and before the member's RETRO DROP account is
6-6 completely distributed. The member's RETRO DROP account shall be
6-7 credited with earnings or losses at an annual rate established
6-8 under a rule adopted by the board. The board may change the annual
6-9 rate from time to time by amending that rule.
6-10 (j) [(h)] The board may modify or eliminate the RETRO DROP
6-11 provisions of this section by the adoption of board rules until
6-12 August 31, 2002. At that time, the board's actuary shall study the
6-13 effects of the RETRO DROP provisions of this section and report the
6-14 results of the study to the board. Based on the report, the board
6-15 may decide to continue with, modify, or eliminate the RETRO DROP
6-16 provisions by the adoption of board rules.
6-17 SECTION 4. Section 11.01, Chapter 452, Acts of the 72nd
6-18 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
6-19 Civil Statutes), is amended to read as follows:
6-20 Sec. 11.01. LIMITATION ON PAYMENT OF BENEFITS. [(a) In
6-21 this section:]
6-22 [(1) "Annual benefit" means the total of all service
6-23 retirement annuity payments by the police retirement system on
6-24 behalf of a retired member during a calendar year.]
6-25 [(2) "Compensation" has the meaning assigned by
6-26 Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Section
6-27 415), and the regulations adopted under that section, not exceeding
7-1 the limitations prescribed by Section 401(a)(17) of that code.]
7-2 [(3) "Highest average annual compensation" means the
7-3 average compensation for the three consecutive calendar years of
7-4 service that produces the highest average.]
7-5 [(4) "Qualified joint and survivor annuity" means an
7-6 annuity for the life of a member with a survivor annuity for the
7-7 life of the member's spouse that is not less than 50 percent and
7-8 not more than 100 percent of the amount of the annuity payable
7-9 during the joint lives of the member and spouse and is the
7-10 actuarial equivalent of a life annuity for the member.]
7-11 [(b)] If the amount of any benefit payment under this Act
7-12 would exceed the limitations provided by Section 415, Internal
7-13 Revenue Code of 1986, as amended, and the regulations adopted under
7-14 that [this] section, the police retirement system shall reduce the
7-15 amount of the benefit as required to comply with that [in
7-16 accordance with this] section.
7-17 [(c) Except as otherwise provided by this section, a benefit
7-18 is adjusted to the actuarial equivalent of a life annuity for the
7-19 purpose of determining limitations under this section. An
7-20 actuarial adjustment to a benefit is not required to establish the
7-21 value of a qualified joint and survivor annuity and the value of
7-22 postretirement cost-of-living increases made in accordance with
7-23 Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Section
7-24 415).]
7-25 [(d) Except as provided by Subsections (f), (h), and (i) of
7-26 this section, an annual benefit payable by the system may not
7-27 exceed $118,800, or another amount as adjusted each January 1 by
8-1 the secretary of the treasury under Section 415 of the Internal
8-2 Revenue Code of 1986 (26 U.S.C. Section 415) for cost-of-living
8-3 increases after January 1, 1994.]
8-4 [(e) If payment of a benefit begins before a member attains
8-5 age 62, the dollar limitation is the actuarial equivalent of an
8-6 annual benefit beginning at age 62 as described by Subsection (d)
8-7 of this section for a person at age 62. A reduction under this
8-8 subsection may not reduce the dollar limitation below $75,000 if
8-9 the benefit begins at or after age 55 or, if the benefit begins
8-10 before age 55, the actuarial equivalent of a $75,000 limitation
8-11 beginning at age 55. A reduction under this section may not reduce
8-12 the dollar limitation of any qualified participant below $66,000 or
8-13 another amount as determined for the applicable calendar year by
8-14 the secretary of the treasury under Section 415 of the Internal
8-15 Revenue Code of 1986 (26 U.S.C. Section 415) for cost-of-living
8-16 increases after January 1, 1994. For purposes of this subsection,
8-17 a qualified participant is a member whose creditable service
8-18 includes at least 15 years of service as a full-time employee of
8-19 the police department of the city or as a member of the Armed
8-20 Forces of the United States.]
8-21 [(f) If payment of a benefit begins after the member attains
8-22 age 65, the dollar limitation is the actuarial equivalent of an
8-23 annual benefit beginning at age 65 as described by Subsection (d)
8-24 of this section.]
8-25 [(g) For purposes of this section, actuarial equivalence
8-26 shall be computed in the manner prescribed by Section 6.03 of this
8-27 Act except that the interest rate assumption under Subsection (c)
9-1 or (e) of this section is the greater of the rate specified by
9-2 Section 6.03 or five percent, and the interest rate assumption
9-3 under Subsection (f) of this section is the lesser of those rates.]
9-4 [(h) The limitations prescribed by Subsections (d), (e), and
9-5 (f) of this section do not apply to any portion of an annual
9-6 benefit payable by the system that is attributable to the balance
9-7 in the member's individual account in Fund No. 1 as of December 31,
9-8 1985, or from interest credited to the member's account after
9-9 December 31, 1985, as a result of deposits before that date.]
9-10 [(i) The limitations prescribed by this section apply to the
9-11 aggregate of the benefits attributable to city contributions under
9-12 the police retirement system and any other defined benefit plan
9-13 maintained by the city. All member contributions to the police
9-14 retirement system that are not picked up, within the meaning of
9-15 Section 414(h) of the Internal Revenue Code of 1986 (26 U.S.C.
9-16 Section 414), when aggregated with all other annual additions made
9-17 under any defined contribution plan maintained by the city shall
9-18 satisfy the limitations prescribed by Section 415(c) of the
9-19 Internal Revenue Code of 1986 (26 U.S.C. Section 415). All
9-20 benefits described by the first sentence of this subsection and all
9-21 annual additions, as described by the second sentence of this
9-22 subsection, shall satisfy the combined limitation prescribed by
9-23 Section 415(e) of the Internal Revenue Code of 1986 (26 U.S.C.
9-24 Section 415).]
9-25 [(j) If the Internal Revenue Code of 1986 (Title 26, United
9-26 States Code) is amended in a manner that limitations similar to
9-27 those provided by this section are not required of governmental
10-1 retirement plans to remain qualified plans, the board by rule may
10-2 eliminate all or any portion of the limitations provided by this
10-3 section.]
10-4 [(k) The annual benefit payable by the police retirement
10-5 system that is otherwise limited by this section may be increased
10-6 each year in accordance with cost-of-living adjustments by the
10-7 secretary of the treasury as long as it does not exceed the amount
10-8 that would be payable without limitation under Section 415 of the
10-9 Internal Revenue Code of 1986 (26 U.S.C. Section 415).]
10-10 SECTION 5. This Act takes effect September 1, 2001.