By Brown                                               S.B. No. 820
         77R7266 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a firefighters' relief and retirement fund in certain
 1-3     municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 4(d), Article 6243e.2(1), Revised
 1-6     Statutes, is amended to read as follows:
 1-7           (d)  The total monthly benefit payable to a retired or
 1-8     disabled member, other than a deferred retiree or active member who
 1-9     has elected the DROP under Section 5(b) of this article, or payable
1-10     to an [each] eligible survivor of a deceased member as provided by
1-11     Section 7(a) of this article, shall be increased by the following
1-12     amounts: by $100, beginning with the monthly payment made for July
1-13     1999; by $25, beginning with the monthly payment made for July,
1-14     2000; and by $25, beginning with the monthly payment made for July
1-15     2001.  These [That] additional benefits [benefit] may not be
1-16     increased under Section 11(c) of this article.
1-17           SECTION 2. Section 5, Article 6243e.2(1), Revised Statutes,
1-18     is amended by amending Subsections (a), (b), (c), (d), (i), and (l)
1-19     and adding Subsections (p), (q), and (r) to read as follows:
1-20           (a)  A member who is eligible to receive a service pension
1-21     under Section 4 of this article and who remains in active service
1-22     may elect to participate in the deferred retirement option plan
1-23     provided by this section.  On subsequently terminating active
1-24     service, a member who elected the DROP may apply for a monthly
 2-1     service pension under Section 4 of this article, except that the
 2-2     effective date of the member's election to participate in the DROP
 2-3     will be considered the member's retirement date for determining the
 2-4     amount of the member's monthly service pension.  The member may
 2-5     also apply for any DROP benefit provided under this section on
 2-6     terminating active service.  An [Except as provided by Subsection
 2-7     (l) of this section, an] election to participate in the DROP, once
 2-8     approved by the board, is irrevocable.  A DROP participant's
 2-9     monthly benefit at retirement is increased by two percent of the
2-10     amount of the member's original benefit for every full year of
2-11     participation in the DROP by the member.  This increase is applied
2-12     to the member's benefit at retirement and is not added to the
2-13     member's DROP account.  The total increase under this subsection
2-14     may not exceed 20 percent for 10 years of participation in the DROP
2-15     by the member.
2-16           (b)  A member may elect to participate in the DROP by
2-17     complying with the election process established by the board.  The
2-18     member's election may be made at any time beginning on the date the
2-19     member has completed 20 years of participation in the fund and is
2-20     otherwise eligible for a service pension under Section 4 of this
2-21     article.  The election becomes effective on the first day of the
2-22     month following the month in which the board approves the member's
2-23     DROP election.  Beginning on the effective date of the member's
2-24     DROP election, amounts equal to the deductions made from the
2-25     member's salary under Section 13(c) of this article shall be
2-26     credited to the member's DROP account.  A member may not
2-27     participate in the DROP for more than 10 years.  If a DROP
 3-1     participant remains in active service after the 10th [seventh]
 3-2     anniversary of the effective date of the member's DROP election,
 3-3     subsequent deductions from the member's salary under Section 13(c)
 3-4     of this article may not be credited to the member's DROP account
 3-5     and may not otherwise increase any benefit payable from the fund
 3-6     for the member's service.
 3-7           (c)  Beginning in the month a member's DROP election becomes
 3-8     effective, an amount equal to the monthly service pension the
 3-9     member would have received under Section 4 of this article and
3-10     Section 11(c) of this article, if applicable, had the member
3-11     terminated active service on the effective date of the member's
3-12     DROP election shall be credited to a DROP account maintained for
3-13     the member.  That monthly credit to the member's DROP account shall
3-14     continue until the earlier of the date the member terminates active
3-15     service or the 10th [seventh] anniversary of the effective date of
3-16     the member's DROP election.
3-17           (d)  A member's DROP account shall be credited with earnings
3-18     or losses at an annual rate equal to the average annual return
3-19     earned by the fund over the five years preceding, but not
3-20     including, the year during which the credit is given.  Those
3-21     earnings or losses shall be computed and credited at a time and in
3-22     a manner determined by the board, except that earnings or losses
3-23     shall be credited not less frequently than once in each 13-month
3-24     period and shall take into account partial years of participation
3-25     in the DROP. If the member has not terminated active service, the
3-26     member's DROP account may not be credited with earnings or losses
3-27     after the 10th [seventh] anniversary of the effective date of the
 4-1     member's DROP election.
 4-2           (i)  For [A member who elects to participate in the DROP is
 4-3     considered to have terminated active service on the effective date
 4-4     of the member's DROP election for] purposes of computing and
 4-5     providing service pension benefits under Section 4 of this article
 4-6     and for purposes of computing and providing death benefits under
 4-7     Section 7 of this article, the day immediately before the effective
 4-8     date of the DROP participant's election is considered to be the
 4-9     date the member terminates active service.  A salary earned or
4-10     additional years of participation completed after the member's DROP
4-11     election becomes effective may not be considered in the computation
4-12     of retirement[, disability,] or death benefits [unless a DROP
4-13     revocation is made as prescribed by Subsection (l) of this
4-14     section].
4-15           (l)  A [Except as otherwise provided by this subsection, a]
4-16     member who participates in the DROP is ineligible for disability
4-17     benefits described by Section 6 of this article, except the
4-18     benefits described by Section 6(c).  If a member who has a
4-19     disability described by Section 6(c) of this article is a DROP
4-20     participant, the disability benefit provided by Section 6(c)(1)
4-21     shall be paid to the member, as a monthly pension benefit, in
4-22     addition to payments from the DROP account balance.  If a member
4-23     who dies under the conditions described by Section 7(c) of this
4-24     article is a DROP participant at the time of death or disability
4-25     resulting in death, the benefit provided by Section 7(c) shall be
4-26     paid to the member's eligible survivors, as a monthly pension
4-27     benefit, in addition to payments from the DROP account balance [and
 5-1     the member's survivors are ineligible to receive enhanced death
 5-2     benefits described by Section 7(c) of this article.  A DROP
 5-3     participant who is determined under Section 6(c) of this article to
 5-4     be incapable of performing any substantial gainful employment
 5-5     because of an on-duty disability may retroactively revoke the
 5-6     member's DROP election if the revocation occurs before the member
 5-7     receives a distribution from the member's DROP account or
 5-8     retirement benefits.  If a DROP participant dies in the course of
 5-9     the performance of the member's duty or dies as a result of an
5-10     on-duty disability described by Section 6(c) of this article, the
5-11     DROP participant's eligible survivors under Section 7 of this
5-12     article and the member's eligible DROP beneficiaries under
5-13     Subsection (j) of this section may, by unanimous agreement,
5-14     retroactively revoke the member's DROP election if the revocation
5-15     occurs before receipt of a distribution from the member's DROP
5-16     account, service pension benefits under Section 4 of this article,
5-17     or death benefits under Section 7 of this article.  For purposes of
5-18     this subsection, an on-duty disability must have occurred after the
5-19     effective date of a member's election to participate in the DROP.
5-20     If a DROP election revocation is made as prescribed by this
5-21     subsection, the member's DROP account is not distributed, and the
5-22     member or the member's beneficiary, as applicable, is entitled to
5-23     benefits under this article as if a DROP election had not been
5-24     made].
5-25           (p)  A member participating in the DROP who was qualified to
5-26     make a DROP election before the actual date of the member's
5-27     election may elect to have the member's DROP account recomputed by
 6-1     participating in a Back-DROP. Under a Back-DROP election, the
 6-2     member's account balance is equal to the amount that the account
 6-3     would have had if the member had elected to participate in the DROP
 6-4     on an earlier date chosen by the member. The Back-DROP date chosen
 6-5     by the member may not be earlier than  the later of the date that
 6-6     is three years before the date the member elected to participate in
 6-7     the DROP, or September 1, 1995.  The member's choice of a Back-DROP
 6-8     date is irrevocable, except as provided by Subsection (r) of this
 6-9     section.
6-10           (q)  A member may revoke the member's Back-DROP election by
6-11     notifying the fund in writing not later than the 10th business day
6-12     after the date the member signs an application form for a
6-13     Back-DROP.
6-14           (r)  A member may revoke the date chosen under a Back-DROP
6-15     election and choose an earlier Back-DROP date only if:
6-16                 (1)  the first date the member chooses is not the
6-17     earliest date permitted under Subsection (p) of this section; and
6-18                 (2)  the board determines that the member's injury or
6-19     illness has caused the member to be separated from service earlier
6-20     than the member anticipated.
6-21           SECTION 3. Sections 10A(a), (b), (c), (d), (e), (h), and (i),
6-22     Article 6243e.2(1), Revised Statutes, are amended to read as
6-23     follows:
6-24           (a)  The board shall pay supplemental benefits under this
6-25     section to retired members and eligible survivors who are receiving
6-26     retirement or survivor benefits on June 30 of the year preceding
6-27     the year in which the supplemental benefits are to be paid[, not
 7-1     including deferred retirees, and to eligible survivors, not
 7-2     including survivors of deferred retirees, if the requirements of
 7-3     Subsection (b) of this section are met].  Deferred retirees or
 7-4     survivors of deferred retirees may not receive [The board shall pay
 7-5     the] supplemental benefits under [in January following a fiscal
 7-6     year of the fund in which the requirements of Subsection (b) of]
 7-7     this section [are met].
 7-8           (b)  The board shall pay the supplemental benefits under this
 7-9     section each January [if the fund actuary determines that, as of
7-10     the end of any fund fiscal year:]
7-11                 [(1)  the value of the fund's assets exceeds the amount
7-12     of the fund's accrued liability;]
7-13                 [(2)  the fund's gross rate of return on investments
7-14     for that fiscal year exceeds 9.25 percent; and]
7-15                 [(3)  payment of supplemental benefits will not result
7-16     in an increase of the municipality's contribution rate].
7-17           (c)  For purposes [The board shall adopt rules and procedures
7-18     to govern the payment] of [benefits under] this section, the [and
7-19     shall establish a] minimum income level is [consistent with] the
7-20     federal [national] poverty guideline for a family of five as issued
7-21     [level set] by the United States Department of Health and Human
7-22     Services, rounded up to the nearest $1,000.
7-23           (d)  The [board shall determine an] aggregate supplemental
7-24     benefit amount is $5 million [that may not exceed the lesser of:]
7-25                 [(1)  the amount by which the value of fund assets
7-26     exceeds the amount of accrued liability as determined under
7-27     Subsection (b)(1) of this section; or]
 8-1                 [(2)  $4 million].
 8-2           (e)  Based on the aggregate supplemental benefit amount
 8-3     [determined] under Subsection (d) of this section, the board shall
 8-4     determine the amount of a lump-sum payment for each retired member
 8-5     or eligible survivor.   
 8-6           (h)  The product of the computation under Subsection (g) of
 8-7     this section determines the lump-sum payment to the retired member
 8-8     or eligible survivor unless the lump-sum payment plus the annual
 8-9     retirement benefit is less than the minimum income level under
8-10     Subsection (c) [established by the board].
8-11           (i)  If the lump-sum payment plus the annual retirement
8-12     benefit is less than the minimum income level under Subsection (c)
8-13     of this section [established by the board], the retired member or
8-14     eligible survivor is entitled to receive an additional payment from
8-15     the amount determined under Subsection (d) of this section that
8-16     will cause payments to the recipient to meet but not exceed the
8-17     minimum income level.
8-18           SECTION 4. Sections 10B(a) and (b), Article 6243e.2(1),
8-19     Revised Statutes, are amended to read as follows:
8-20           (a)  The board shall pay the following members [people] a
8-21     $5,000 [$4,000] lump-sum payment from the fund, in addition to any
8-22     other benefits, as soon as administratively practicable after the
8-23     date of the member's [person's] retirement[, if the person's
8-24     retirement occurs or occurred after June 30, 1998]:
8-25                 (1)  each member who retires or retired after
8-26     completing 20 years of service and is eligible to receive service
8-27     pension benefits under Section 4 of this article; and
 9-1                 (2)  each member who retires or retired and is eligible
 9-2     to receive disability benefits under Section 6 of this article.
 9-3           (b)  The board shall pay a $5,000 [$4,000] lump-sum payment
 9-4     from the fund, in addition to any other benefits, to an eligible
 9-5     survivor of a member:
 9-6                 (1)  [whose death occurs or occurred after June 30,
 9-7     1998;]
 9-8                 [(2)]  who had not terminated active service; and
 9-9                 (2) [(3)]  who was eligible [ineligible] to receive
9-10     service pension benefits under Section 4 of this article or
9-11     disability benefits under Section 6 of this article.
9-12           SECTION 5. Section 11(c), Article 6243e.2(1), Revised
9-13     Statutes, is amended to read as follows:
9-14           (c)  The benefits, including survivor benefits, payable based
9-15     on the service of a member who [completed 30 or more years of
9-16     participation,] is or would have been at least 48 [50] years old,
9-17     [or] received or is receiving an on-duty disability pension under
9-18     Section 6(c) of this article, or died under the conditions
9-19     described by Section 7(c) of this article, shall be increased by
9-20     three percent in October of each year and, if the benefit had not
9-21     previously been subject to that adjustment, in the month of the
9-22     member's 48th [50th] birthday.
9-23           SECTION 6. Article 6243e.2(1), Revised Statutes, is amended
9-24     by adding Section 18 to read as follows:
9-25           Sec. 18.  PROPORTIONAL RETIREMENT PROGRAM. (a)  In this
9-26     section:
9-27                 (1)  "Combined service credit" means the total amount
 10-1    of service credit a member has for participation in the fund plus
 10-2    service credit the member has in any participating retirement
 10-3    system.
 10-4                (2)  "Participating retirement system" means the
 10-5    retirement system established under Article 6243g-4, Revised
 10-6    Statutes, or Chapter 358, Acts of the 48th  Legislature, Regular
 10-7    Session, 1943 (Article  6243g, Vernon's Texas Civil Statutes), or a
 10-8    successor statute to either of those laws.
 10-9                (3)  "Program" means a proportional retirement benefits
10-10    program established under this section that permits members to
10-11    establish service credit for a proportional retirement benefit
10-12    using combined service credit.
10-13                (4)  "Service credit" means service or participation
10-14    that is credited under the fund or a participating retirement
10-15    system to establish service or participation requirements for a
10-16    proportional retirement benefit.
10-17          (b)  If the board determines that the provisions governing a
10-18    participating retirement system are compatible with the provisions
10-19    governing the fund under this article, the board may establish the
10-20    program under this section.
10-21          (c)  Under the program, a member who is eligible to
10-22    participate may use combined service credit to determine
10-23    eligibility for a benefit under this article.  The member must have
10-24    at least 20 years of combined service credit to receive a
10-25    proportional retirement benefit.  The member is subject to the same
10-26    requirements and receives the same benefits, including
10-27    enhancements, as a member who establishes retirement eligibility
 11-1    for the same amount of service credit without using combined
 11-2    service credit.
 11-3          (d)  A member may not:
 11-4                (1)  use service credit in a participating retirement
 11-5    system to meet the eligibility requirements for participating in a
 11-6    DROP under Section 5 of this article;
 11-7                (2)  receive service credit in the fund for the same
 11-8    service for which the member receives service credit in a
 11-9    participating retirement system; or
11-10                (3)  receive a benefit under the program in an amount
11-11    that is greater than the amount the member would have received for
11-12    the same benefit without the program unless the greater amount
11-13    results from a modification under Subsection (j) of this section.
11-14          (e)  A person is eligible to participate in the program if
11-15    the person is employed by the city, is covered by a participating
11-16    retirement system, and is or has been a member of the fund.
11-17          (f)  A member who is retired or participating in a DROP under
11-18    Section 5 of this article may not participate in the program. A
11-19    member may not receive a disability retirement benefit and a
11-20    service retirement benefit under the program.
11-21          (g)  In determining proportional retirement benefits under
11-22    the program for a member who has participated in the fund for less
11-23    than 20 years, the member is entitled to a monthly benefit in an
11-24    amount equal to 1.7 percent of the member's average monthly salary
11-25    multiplied by the number of the member's years of participation in
11-26    the fund.
11-27          (h)  A member who receives a disability benefit under a
 12-1    participating retirement system may receive a proportional
 12-2    disability benefit under the program as provided by Subsection (i)
 12-3    of this section.
 12-4          (i)  In determining disability retirement benefits under the
 12-5    program, the member is entitled to a monthly benefit in an amount
 12-6    equal to 1.7 percent of the member's average monthly salary
 12-7    multiplied by the number of the member's years of participation in
 12-8    the fund.
 12-9          (j)  The board may modify the program only to make the
12-10    program's provisions compatible with the provisions of a
12-11    participating retirement system.  The board may not modify the
12-12    program for the purpose of providing a new benefit to a member.
12-13          (k)  If the board determines that the provisions governing a
12-14    participating retirement system are not compatible with the
12-15    provisions governing the fund under this article, the board may
12-16    terminate the program.  The board shall provide written notice to
12-17    the executive director of the participating retirement system
12-18    before the 30th day preceding the date of the program's
12-19    termination.  The board may reestablish the program at its
12-20    discretion, subject to the requirements of this section.
12-21          (l)  The board may adopt rules to implement and administer
12-22    this section.
12-23          SECTION 7. (a)  Except as provided by Subsection (b) of this
12-24    section, this Act takes effect September 1, 2001.
12-25          (b)  Section 18, Article 6243e.2(1), Revised Statutes, as
12-26    added by this Act, takes effect October 1, 2001.