C.S.H.B. 258 78(R)    BILL ANALYSIS


C.S.H.B. 258
By: Pickett
Pensions & Investments
Committee Report (Substituted)



BACKGROUND

Currently, large retirement systems such as the Employees Retirement
System of Texas have adequate procedures in place, such as regular audits
and reviews of accounts and calculations, to verify annuity payments are
correct.  Smaller public retirement systems and independent pension funds
of  firefighters and police officers do not.  As a result, errors are made
and remain undiscovered  until years later. 

In El Paso alone, 14 widows of firefighters and police officers were
recently asked to repay a total of $750,000 to the El Paso Firemen and
Policemen Retirement Fund.  The overpayments were the result of an error
made 15 years ago by the City of El Paso, which at that time administered
the now independent fund. 

One case involves a 68-year-old woman who began to receive her late
husband's pension in September 1991.  Eleven years later, the pension
board informed her that an error was made in calculating her annuity and
that she needed to pay back nearly $43-thousand.  If her pension is
garnished to reimburse the fund, it would be five years before she
receives another pension check. 

 PURPOSE 

To set a three-year limit on reimbursement sought from recipients of
public retirement systems and firefighter and police officer pension
funds, with the exclusion of cases of fraud and prior agreements.   

RULEMAKING AUTHORITY

This bill does not grant additional rulemaking authority to any state
officer, agency, department or institution.  

SECTION-BY-SECTION

SECTION 1.  Amends Subchapter B, Chapter 802, Government Code, by adding
Section 802.1024, as follows: 

 Adds Section 802.1024, Correction of Errors (a) States  that except as
provided by Subsection (b) if an error occurs in the public retirement
system in which the recipient  receives more or less money than they are
entitled to, the retirement system's governing board is required to
correct the error in a practicable manner and adjust future payments so
that the recipient receives the amount they are actuarially entitled.  If
no payments are due, the overpayment may be collected within the
three-year period in the manner as any other debt collection. 

 Adds Subsection (b) stating that the governing board can correct  the
overpayment of benefits detailed in Subsection (a), but may go back only
three years from the date of discovery of the overpayment.  Prohibits the
public retirement system from recovering any money overpaid  more than
three years prior to the discovery. 

 Adds Subsection (c) stating that any reasonable person who knowingly
accepts money they are not entitled to is excluded from the protections of
Subdivision (b). 

 SECTION 2.  Amends Section 12(b), Chapter 451, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas Civil
Statutes) by applying Section 802.1024 to the Municipalities Retirement
System in municipalities with a population of 460,000 to 500,000. 

SECTION 3.  Amends Section 10.02, Chapter 452, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil
Statutes), by applying Section 802.1024 to the Police and Fire Fighter
Retirement System in municipalities with a population of 460,000 to
500,000. 


SECTION 4.  Amends Section 3.03(d), Chapter 824, Acts of the 73rd
Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas Civil
Statutes) by applying Section 802.1024 to the Police Retirement Fund in
municipalities with a population of 750,000 to 1,000,000. 

SECTION 5.  Provides that this Act applies to overpayments or underpayment
made before or after the effective date.  States that agreements made
prior to the effect date will remain valid. 

SECTION 6. Effective date.


EFFECTIVE DATE

On passage or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

Changes the period for recoupment of overpayments from two to three years.
Clarifies that if no future payments are due to the recipient of an
overpayment, regular debt collections are available within the three-year
period. Allows recoupments of overpayments any time for payments made
through fraud or otherwise to a person who should know is not entitled to
them.  The bill applies to underpayments and overpayments made before as
well a after the bill's effective date.  It also exempts from the
application of the bill agreements to repay an overpayment that are made
before the bill's effective date.