SRC-LBB C.S.H.J.R. 54 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.J.R. 54
By: King ( Brimer)
State Affairs
5/24/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

The State of Texas and local governments, by statute and by ordinance,
have created pension plans for local government public servants.  Although
the pension rights of private sector employees are protected under ERISA
(federal Employee Retirement Income Security Act), currently there is no
Texas law guaranteeing that these retiring public servants will receive
the benefits promised to them under their pensions plans.  In 1937, the
Texas Supreme Court ruled in Dallas v. Trammel, 101 S.W.2d 1009 (Tex.
1937), that a retired police officer did not have a vested right to future
pension benefits from the City of Dallas, and the state therefore was
permitted to enact legislation reducing those anticipated benefits.  This
means that even if a public employee has fulfilled all obligations
required to collect full benefits at the time of his or her retirement,
the legislature or a local government may later enact a law reducing the
anticipated benefits.   C.S.H.J.R 54 proposes a constitutional amendment
providing that benefits in certain public retirement systems may not be
reduced or impaired. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article XVI, Texas Constitution, by adding Section 66,
as follows: 

Sec. 66.  PROTECTED BENEFITS UNDER CERTAIN PUBLIC RETIREMENT SYSTEMS.  (a)
Provides that this section applies only to a public retirement system that
is not a statewide system and that provides service and disability
retirement benefits and death benefits to public officers and employees. 

(b)  Provides that this section does not apply to a public retirement
system that provides service and disability retirement benefits and death
benefits to firefighters and police officers employed by the City of San
Antonio. 

(c)  Provides that this section does not apply to benefits that are:
health benefits; life insurance benefits; or disability benefits that a
retirement system determines are no longer payable under the terms of the
retirement system as those terms existed on the date the retirement system
began paying the disability benefits. 

(d)  Provides that on or after the effective date of this section, a
change in service or disability retirement benefits or death benefits of a
retirement system may not reduce or otherwise impair benefits accrued by a
person if the person: could have terminated employment or has terminated
employment before the effective date of the change; and would have been
eligible for those benefits, without accumulating additional service under
the retirement system, on any date on or after the effective date of the
change had the change not occurred. 

(e)  Provides that benefits granted to a retiree or other annuitant before
the effective date of this section and in effect on that date may not be
reduced or otherwise impaired. 

 (f)  Provides that the political subdivision or subdivisions and the
retirement system that finance benefits under the retirement system are
jointly responsible for ensuring that benefits under this section are not
reduced or otherwise impaired. 

(g)  Provides that this section does not create a liability or an
obligation to a retirement system for a member of the retirement system
other than the payment by active members of a required contribution or a
future required contribution to the retirement system. 

(h)  Provides that a retirement system described by Subsection (a) and the
political subdivision or subdivisions that finance benefits under the
retirement system are exempt from the application of this section if:  the
political subdivision or subdivisions hold an election on the date in May
2004 that political subdivisions may use for the election of their
officers; the majority of the voters of a political subdivision voting at
the election favor exempting the political subdivision and the retirement
system from the application of this section; and the exemption is the only
issue relating to the funding and benefits of the retirement system that
is presented to te voters at the election. 

SECTION 2.  Requires this constitutional amendment to be submitted to the
voters at an election to be held September 13, 2003.  Requires the ballot
to be printed  to allow for voting for or against the proposition:  "The
constitutional amendment providing that certain benefits under certain
local public retirement systems may not be reduced or impaired."