78R3285 RCJ-F
By:  Woolley                                                      H.B. No. 752
A BILL TO BE ENTITLED
AN ACT
relating to the administration of public retirement systems for 
police officers in certain municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1, Article 6243g-4, Revised Statutes, is 
amended to read as follows:
	Sec. 1.  PURPOSE.  The purpose of this article is to restate 
and amend the provisions of former law governing a police officers 
pension system in each city in this state having a population of 1.5 
million or more, according to the most recent federal decennial 
census, to reflect changes agreed to by the city and the board of 
trustees of the pension system under Section 27 of this article.  
The pension system shall continue to operate regardless of whether 
the city's population falls below 1.5 million [permit the 
consolidation of the terms of certain pension plans].
	SECTION 2.  Section 2, Article 6243g-4, Revised Statutes, is 
amended by amending Subdivisions (1), (2), (7), (11), (14), and 
(23), adding Subdivisions (4-a), (14-a), and (22-a), and 
renumbering Subdivision (19) as Subdivision (17-a) to read as 
follows:
		(1)  "Active member" means a person employed as [an 
employee who holds] a classified police officer by the [position in 
a] police department of a city subject to this article, except for a 
person [an employee] who is a part-time, seasonal, or temporary 
employee or a person who elected to remain a member of a pension 
system described by Chapter 88, Acts of the 77th Legislature, 
Regular Session, 2001 (Article 6243h, Vernon's Texas Civil 
Statutes).  The term does not include a person who is a member of 
another pension system of the same city, except to the extent 
provided by Section 15(j) or 18 of this article.
		(2)  "Average total direct pay" means an amount 
determined by dividing the following sum by 12:
			(A)  the highest biweekly pay received by a member 
for any single pay period in the last 26 pay periods in which the 
member worked full-time, considering only items of total direct pay 
that are included in each paycheck, multiplied by 26; plus
			(B)  the total direct pay, excluding all items of 
the type included in Paragraph (A) received during the same last 26 
biweekly pay periods [a member's total direct pay for the 26 pay 
periods immediately preceding the date of separation from service 
or the date of entry into DROP, if earlier, divided by 12].
		(4-a)  "Catastrophic injury" means a sudden, violent, 
life-threatening, duty-related injury sustained by an active 
member that is due to an externally caused motor vehicle accident, 
gunshot wound, aggravated assault, or other external event or 
events and results, as supported by evidence, in one of the 
following conditions:
			(A)  loss of sight in one or both eyes;                               
			(B)  loss of one or both feet at or above the 
ankle;                
			(C)  loss of one or both hands at or above the 
wrist;               
			(D)  injury to the spine that results in permanent 
and complete paralysis of both arms, both legs, or one arm and one 
leg; or
			(E)  an externally caused physical traumatic 
injury to the brain rendering the member physically or mentally 
unable to perform the member's duties as a police officer.
		(7)  "Dependent child" means a deceased member's 
unmarried natural or adopted child who:
			(A)  has not attained age 18;                                                
			(B)  has attained age 18 but not age 24 [22] and is 
attending school on a full-time basis; or
			(C)  has attained age 18 and is permanently 
disabled as the result of a disability that began before the child 
attained age 18.
		(11)  "Former member" means a person who was once an 
active member, vested or not, but who [has] terminated active 
member status and received a refund of member contributions.
		(14)  "Member" means [includes] an active member, 
inactive member, or retired member, as the context may require.  The 
term[, but] does not include a former member.
		(14-a)  "Normal retirement age" means the earlier of:                  
			(A)  the age at which the member attains 20 years 
of service; or    
			(B)  the age at which the member first attains 
both the age of at least 60 and at least 10 years of service.
		(17-a) [(19)] "Retired member" means a member who has 
separated from service and who is eligible to receive an immediate 
service or disability pension under this article.
		(22-a)  "Survivor" means a surviving spouse, a 
dependent child, or a dependent parent.
		(23)  "Total direct pay" means wages as defined by 
Section 3401(a) of the code, plus any amounts that are not included 
in gross income by reason of workers' compensation claims under
Section 104(a)(1), 125, 402(g)(2), or 457 of the code, [and] member 
contributions picked up pursuant to Section 414(h)(2) of the code, 
and any portion of a motorcycle allowance that is not considered 
wages, less any pay received for overtime work.  The term does not 
include nontaxable payments not expressly described by this 
subdivision.  However, the compensation included in applying the 
limits under Sections 26(c) and  (d) of this article shall include 
overtime pay and exclude any amount that is excluded from gross 
income under Section 104(a)(1) of the code and the portion of any 
motorcycle allowance that is excluded from gross income by any 
other provision of the code not mentioned in this subdivision.
	SECTION 3.  Section 3, Article 6243g-4, Revised Statutes, is 
amended by amending Subsections (a)-(d), (f), and (g) and adding 
Subsection (h) to read as follows:
	(a)  The board of trustees of the pension system that was 
created under Chapter 76, Acts of the 50th Legislature, Regular 
Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), and 
that operates under Section 67, Article XVI, Texas Constitution,
continues to be responsible for the general administration, 
management, and operation of the pension system, including the 
direction of investment and oversight of the fund's assets.
	(b)  The board is composed of seven members as follows:                        
		(1)  the administrative head of the city, or the 
administrative head's authorized representative appointed with the 
advice and consent of the board;
		(2)  three employees of the police department having 
membership in the pension system, [and] elected by the active, 
inactive, and retired members of the pension system [in the manner 
determined at a one-time election held for the pension system 
before October 1, 1999];
		(3)  two retired members[, elected in the manner 
determined at a one-time election held for the pension system 
before October 1, 1999,] who are receiving pensions from the system 
and are not officers or employees of the city, elected by the 
active, inactive, and retired members of the pension system; and
		(4)  the treasurer of the city or the person 
discharging the duties of the city treasurer.
	(c)  The terms of office of the board members elected as 
described by Subsection (b)(2) of this section shall be three 
years, beginning on January 1 and ending on December 31, with one 
board member being elected every year at an election called by the 
board and held in December.  If a vacancy occurs among the three 
elected active board members, the board shall hold an election 
within 60 days after the date the vacancy occurred.  At that 
election, an active member shall be elected to serve for the 
remainder of the term of the vacant position or for a full term if 
the term of the board member that caused the vacancy would have 
ended in that year.
	(d)  The terms of office of the board members elected as 
described by Subsection (b)(3) of this section shall be three 
years, beginning on January 1 and ending on December 31.  Beginning 
in 1999, and each third succeeding year, one board member shall be 
elected at an election called by the board and held in December.  
Beginning in 2000, and each third succeeding year, a second board 
member shall be elected at an election called by the board and held 
in December.  If a vacancy occurs among the two elected retired 
members of the board, the board shall hold an election within 60 
days after the date the vacancy occurred.  At that election, a 
retired member shall be elected to serve for the remainder of the 
term of the vacant position or for a full term if the term of the 
board member that caused the vacancy would have ended in that year.  
A board member who is a retired member and who was appointed to the 
board before January 1999 shall serve the remainder of the board 
member's term.  On expiration of the appointed term, the appointed 
board member is eligible to run for the board position described by 
Subsection (b)(3) of this section in the same manner as any other 
retired member.
	(f)  An individual who is [If it is so determined at a 
one-time election held for the pension system before October 1, 
1999,] an officer or employee of any employee organization or 
retiree organization or an employee of the pension system is not 
eligible to be [is prohibited from being] elected to the board, to 
be appointed to the board, or in any other way to serve as
[becoming] a member of the board.
	(g)  Each board member shall, within 30 days after taking 
office [the date of appointment or election], take an oath of 
office:
		(1)  to diligently and honestly administer the affairs 
of the pension system by:
			(A)  being loyal exclusively to all members;                          
			(B)  being prudent in protecting and managing the 
trust's property; 
			(C)  defending the trust's assets; and                                
			(D)  acting under the terms of the plan; and                          
		(2)  to not knowingly violate, or willingly permit to 
be violated, this article.
	(h)  Notwithstanding any other provision in this section, if 
a candidate for an elected trustee position is unopposed in an 
election, the election may not be held for that position.  The board 
shall certify the candidate as elected to the board on the executive 
director's certification that the candidate is eligible to be a 
trustee under this section and is unopposed for election.  The 
certified candidate shall take the oath of office as soon as 
practicable in January, after being declared elected in December.
	SECTION 4.  Section 4(a), Article 6243g-4, Revised Statutes, 
is amended to read as follows:
	(a)  Elected members of the board who are employees of the 
city's police department are entitled to leave from their employer 
to attend to the official business of the pension system and are not 
required to report to the city or any other governmental entity 
regarding travel or the official business of the pension system.
	SECTION 5.  Section 5, Article 6243g-4, Revised Statutes, is 
amended by adding Subsections (b-1) and (i) to read as follows:
	(b-1)  The board may hire an executive director.  The 
executive director, acting under the direction of the board, shall 
handle the operations of the plan and shall perform other duties as 
the board may assign.  The executive director shall also serve as 
the plan administrator for purposes of complying with Subchapter A, 
Chapter 804, Government Code.
	(i)  A gathering of any number of trustees to investigate, 
research, or review prospective or current investments or to 
otherwise attend to the trustees' fiduciary responsibilities, 
without formal action by the trustees, is not a deliberation or 
meeting under Chapter 551, Government Code, and is not required to 
be open to the public.
	SECTION 6.  Section 6, Article 6243g-4, Revised Statutes, is 
amended by adding Subsections (e-1) and (g) and amending Subsection 
(f) to read as follows:
	(e-1)  The board may sue on behalf of the pension system in 
any court with proper subject matter jurisdiction regardless of 
location.  The board has sole authority to litigate matters on 
behalf of the pension system.
	(f)  The board has full discretion and authority to 
administer the pension system, to construe and interpret this 
article, to correct any defect or omission, to reconcile any 
inconsistency that appears in this article, and to do all other acts 
necessary to carry out the purpose of this article in a manner and 
to the extent that the board considers expedient to administer this 
article for the greatest benefit of all members.  All decisions of 
the board are final and binding on all affected parties.
	(g)  The board, if reasonably necessary in the course of 
performing a board function, may subpoena a witness or the 
production of a book, record, or other document.  The presiding 
officer of the board may issue, in the name of the board, a subpoena 
only if a majority of the board approves.  The presiding officer of 
the board, or the presiding officer's designee, shall administer an 
oath to each witness.  A peace officer shall serve a subpoena issued 
by the board.  If the person to whom a subpoena is directed fails to 
comply, the board may bring suit to enforce the subpoena in a 
district court of the county in which the person resides or in the 
county in which the book, record, or other document is located.  If 
the district court finds that good cause exists for issuance of the 
subpoena, the court shall order compliance.  The district court may 
modify the requirements of a subpoena that the court finds are 
unreasonable.  Failure to obey the order of the district court is 
punishable as contempt.
	SECTION 7.  Section 7(d), Article 6243g-4, Revised Statutes, 
is amended to read as follows:
	(d)  On the date the board makes a declaration under 
Subsection (c) of this section, the board shall call a special 
election to be held not earlier than the 20th or later than the 60th
[30th] day after that date to fill the vacancy for the unexpired 
term of the person who was removed.  The person who was removed is 
not eligible to run in the special election but is eligible to run 
in all subsequent board elections.
	SECTION 8.  Section 8(a), Article 6243g-4, Revised Statutes, 
is amended to read as follows:
	(a)  Each active member of the pension system shall pay into 
the system each month 8 3/4 percent of the member's total direct 
pay.  The payments shall be deducted by the city from the salary of 
each active member each payroll period [monthly] and paid to the 
pension system.  Except for the repayment of withdrawn 
contributions under Section 17(f) or 18(c)(3) of this article and 
rollovers permitted by Section 17(h) of this article, a person may 
not be required or permitted to make any payments into the pension 
system after the person separates from service.
	SECTION 9.  The heading to Section 9, Article 6243g-4, 
Revised Statutes, is amended to read as follows:
	Sec. 9.  CONTRIBUTIONS [MONTHLY PAYMENT] BY THE CITY.
	SECTION 10.  Section 9(a), Article 6243g-4, Revised 
Statutes, is amended to read as follows:
	(a)  The city shall make substantially equal contributions 
to the fund as soon as administratively feasible after each payroll 
period.  For each fiscal year ending after June 30, 2005, the city's 
minimum contribution shall be the greater of 16 percent of the 
members' total direct pay or the level percentage of salary payment 
required to amortize the unfunded actuarial liability over a 
constant period of 30 years computed on the basis of an acceptable 
actuarial reserve funding method approved by the board.  However, 
for the fiscal year ending June 30, 2002, the city's contribution 
shall be $32,645,000, for the fiscal year ending June 30, 2003, the 
city's contribution shall be $34,645,000, for the fiscal year 
ending June 30, 2004, the city's contribution shall be $36,645,000, 
and for the fiscal year ending June 30, 2005, the city's 
contribution shall be 16 percent of the members' total direct pay.
[For fiscal years ending before June 30, 2002, the city shall make 
contributions to the fund after each payroll period in an amount 
previously agreed to by the city and the board.  For the fiscal year 
ending June 30, 2002, the city's contribution rate shall be 
composed of the normal cost plus the level percentage of salary 
payment required to amortize the actuarial liability over a period 
of 40 years from January 1, 1983, computed on the basis of an 
acceptable actuarial reserve funding method approved by the board.  
For each fiscal year ending after June 30, 2002, the city's 
contribution shall be the sum of (1) an amount computed in the 
manner provided for the contribution for the fiscal year ending 
June 30, 2002, plus (2) $2 million multiplied by the number of 
fiscal years that have ended since June 30, 2002, but not more than 
16 percent of the aggregate total direct pay of all active members 
for the fiscal year.  If the amount described by (1) in the 
preceding sentence is greater than 16 percent of the aggregate 
total direct pay of all active members for the year, the amount 
described by (1) shall be contributed.]
	SECTION 11.  Section 11(a), Article 6243g-4, Revised 
Statutes, is amended to read as follows:
	(a)  A member who returns to service after an interruption in 
service is entitled to credit for the previous service to the extent 
provided by Section 19 of this article.  [In addition, a member who 
is retiring shall receive one-half day of service for each day for 
which the city is required to make contributions with respect to the 
member's unused sick leave, vacation pay, or accumulated overtime 
under Section 9(b) of this article, except to the extent that the 
member elects to have the amounts credited to the member's DROP 
account.  Under no circumstances may payments for the same days of 
unused sick leave, vacation pay, or accumulated overtime be used to 
both increase a member's service and credit the member's DROP 
account.]
	SECTION 12.  Sections 12(b), (d), (f), and (g), Article 
6243g-4, Revised Statutes, are amended to read as follows:
	(b)  Except as otherwise provided by this section, the 
monthly service pension of a member that becomes due after May 1, 
2001 [who separates from service after November 23, 1998], is equal 
to 2.75 [2.5] percent of the member's average total direct pay or, 
if the member retired before November 24, 1998, 2.75 percent of the 
member's base salary, for each of the member's first 20 years of 
service, plus an additional two percent of the member's average 
total direct pay for each of the member's subsequent years of 
service, computed to the nearest one-twelfth of a year.  A member 
who separates from service after November 23, 1998, including a 
member who was a DROP participant, and begins to receive a monthly 
service pension shall also receive a one-time lump-sum payment of 
$5,000 at the same time the first monthly pension payment is made.  
The lump-sum payment under this subsection is not available to a 
member who has previously received a $5,000 payment under this 
section or Section 16 of this article.
	(d)  A retired member who receives a service pension under 
this article is entitled to receive an additional amount each month 
equal to $150 [$88.05], beginning on the later of the date the 
retired member's pension begins or the date the first monthly 
payment becomes due after June 18, 2001, and continuing until the 
end of the month in which the retired member dies.  This amount is 
intended to defray the retired member's group medical insurance 
costs and will be paid directly by the fund to the retired member 
for the retired member's lifetime.
	(f)  Notwithstanding anything to the contrary in this 
article, an active or inactive member who is eligible to 
participate in the executive official pension plan established by 
Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 
(Article 6243g, Vernon's Texas Civil Statutes), or a successor 
statute, may, while continuing employment with the police 
department, participate in the executive official pension plan and 
elect:
		(1)  if an active member:                                                     
			(A)  to begin receiving an immediate pension 
benefit and be considered a retired member eligible for all rights 
and privileges afforded any other retired member under this 
article, if the member has 20 years or more of service and is 
eligible for retirement under this section except for the 
continuing employment; or
			(B)  to enter DROP if the member satisfies all 
requirements of this article for DROP membership; or
		(2)  if an inactive member, to begin receiving an 
immediate pension benefit equal to 2.75 [2.5] percent of the 
member's average total direct pay at the time the member became 
inactive for the member's first 20 years of service and be entitled 
to all rights and privileges afforded a retired member under this 
article.
	(g)  Notwithstanding anything to the contrary in this 
article, service pensions that began before May 1, 2001 [September 
1, 1999], shall continue to be paid in accordance with applicable 
prior law, subject only to the adjustments that are specifically 
provided by this section.
	SECTION 13.  Section 14, Article 6243g-4, Revised Statutes, 
is amended by amending Subsections (b)-(g), (j), and (l) and adding 
Subsections (f-1) and (m) to read as follows:
	(b)  An active member who has at least 20 years of service 
with the police department may file with the pension system an 
[irrevocable] election to participate in DROP and receive a DROP 
benefit instead of the standard form of pension provided by this 
article.  The election may be made, under procedures established by 
the board, by an active member who has attained the required years 
of service.  A DROP election that is made and accepted by the board 
may not be revoked before the member's separation from service.
	(c)  The monthly service pension and death benefits of an 
active member who becomes a DROP participant will be determined as 
if the active member had separated from service and begun receiving 
a pension on the effective date of the DROP election.  The active 
member does not retire but does not accrue additional service 
credit beginning on the effective date of the election, and 
increases in pay that occur on or after that date may not be used in 
computing the active member's monthly service pension, except as 
provided by Subsection (l) of this section, but cost-of-living 
adjustments that occur on or after that date and that otherwise 
would be applicable to the pension will be made.
	(d)  The member's DROP benefit is determined as provided by 
this subsection and Subsection (e) of this section.  Each month an 
amount equal to the monthly service pension the active member would 
have been entitled to receive if the active member had separated 
from service on the effective date of entry into DROP, less any 
amount that is intended to help defray the active member's group 
medical insurance costs as described by Section 12(d) of this 
article, shall be credited to a notional DROP account for the active 
member, and each month an amount equal to the monthly contributions 
the active member makes to the fund on and after the effective date 
of entry into DROP also shall be credited to the same notional DROP 
account.  In any year in which a 13th payment is made to retired 
members under Section 12(e) of this article, an amount equal to the 
amount of the 13th payment that would have been made to the DROP 
participant if the DROP participant had retired on the date of DROP 
entry will be credited to the DROP account.  [In addition, any 
amount that is contributed by the city under Section 9(b) of this 
article with respect to the active member's unused sick leave, 
vacation pay, or accumulated overtime, and that is not required to 
be used to provide 10 or 20 years of service to the member under 
Section 11 of this article or used to repay withdrawn contributions 
under Section 18(c) of this article shall be credited to the DROP 
account as of the end of the month in which it is contributed.]
	(e)  As of the end of each month an amount is credited to each 
active member's notional DROP account at the rate of one-twelfth of 
a hypothetical earnings rate on amounts in the account.  The 
hypothetical earnings rate is determined for each calendar year 
based on the average of the aggregate annual rate of return on 
investments of the pension system for the five consecutive fiscal 
years ending June 30 preceding the calendar year to which the 
earnings rate applies.  The rate may not be less than zero.  [The 
board may lower any future rate below the rate otherwise prescribed 
by this subsection to the extent necessary to ensure that the DROP 
does not adversely affect the financial condition of the fund.]
	(f)  At the time of a DROP participant's separation from 
service, the DROP participant or, if separation from service was 
due to the DROP participant's death, the person entitled to receive 
benefits under Sections 16 and 16A of this article shall be afforded 
a one-time election to revoke the DROP election and substitute 
either the annuity that would have been paid if the member had never 
elected DROP or an annuity and notional DROP account equal to the 
annuity and notional DROP account that would have been received if 
the member had entered DROP on a date elected by the member or 
survivor.  The date elected by the member or survivor may not be 
earlier than the earliest date the member could have elected to 
enter DROP or later than the date of the member's death or other 
separation from service.  The computation of the value of the 
annuity and DROP account of a member or survivor who makes a Back 
DROP election shall be subject to the policies and procedures 
adopted by the board.  For purposes of this subsection, "Back DROP" 
means the option to make this one-time election.  [If a DROP 
participant separates from service because of disability or death, 
the member or the member's spouse or, if there is no eligible 
spouse, any other person eligible to receive benefits under Section 
16 of this article, as applicable, may either receive an amount 
equal to the member's DROP account or revoke the member's DROP 
election and elect to receive benefits as provided by this article 
without regard to this section.  A revocation and election under 
this subsection must be made at the time and in the manner provided 
in a procedure that the board may adopt from time to time.  
Alternatively, the retired member, a deceased member's spouse, or, 
if there is no spouse, the person entitled to receive benefits under 
Section 16 of this article may elect to receive a distribution that 
is equal to the member's DROP account and benefits as described by 
Subsection (c) of this section.]
	(f-1)  If a DROP participant separates from service due to 
death and the person entitled to receive benefits under Sections 16 
and 16A of this article does not revoke the DROP election, the DROP 
benefit may be received in the form of an additional annuity over 
the life expectancy of the surviving spouse.
	(g)  In lieu of receiving a lump-sum DROP benefit on 
separation from service, a retired member who has been a DROP 
participant or, if separation from service was due to the DROP 
participant's death, the surviving spouse may leave the retired 
member's DROP account with the pension system, in which case 
interest will be credited to the DROP account in the manner 
described by Subsection (e) of this section [this subsection].  
[The interest credited for any month shall be at the applicable 
annual interest rate as defined by Section 417(e)(3)(A)(ii)(II) of 
the code and published by the Internal Revenue Service for June of 
the year preceding the calendar year in which the interest is 
credited.]
	(j)  A retired member who is a DROP participant, or a 
surviving spouse, may elect to receive distribution of the DROP 
account in a one-time lump-sum payment or in any other form of 
distribution that is approved by the board and satisfies the 
requirements of Section 401(a)(9) of the code.  [Distributions to a 
deceased member's survivors, as described by Subsection (f) of this 
section, shall be made in a lump sum as soon as administratively 
feasible after the deceased member's death.]
	(l)  The DROP account of each DROP participant who was an 
active member on May 1, 2001, shall be recomputed and adjusted, 
effective on that date, to reflect the amount that would have been 
credited to the account if the member's pension had been computed 
based on 2.75 percent of the member's average total direct pay, or 
base pay if applicable, for each of the member's first 20 years of 
service.  The DROP account adjustment shall also include the 
assumed earnings that would have been credited to the account if the 
2.75 percent multiplier for the first 20 years of service had been 
in effect from the time the member became a DROP participant [If 
DROP causes any unanticipated actuarial costs, the board may take 
action as necessary to mitigate the unanticipated actuarial cost, 
including discontinuing acceptance of additional elections to 
participate in the DROP, but the pension system shall continue to 
administer DROP for the members participating before the date of 
discontinuance of enrollment].
	(m)  The DROP account of each DROP participant who retires 
after May 1, 2001, shall be recomputed as of the date of retirement, 
based on the DROP participant's average total direct pay at the time 
of retirement and changes to the benefit formula in Section 12(b) of 
this article that have occurred since the member's DROP entry date.  
If this recomputation would result in a greater account balance, 
the DROP participant's account balance shall be adjusted to the 
greater amount.
	SECTION 14.  Section 15, Article 6243g-4, Revised Statutes, 
is amended by amending Subsections (a)-(d) and adding Subsections 
(h)-(k) to read as follows:
	(a)  An active member who becomes totally and permanently 
incapacitated for the performance of the member's duties as a 
result of a bodily injury received in, or illness caused by, the 
performance of those duties shall, on presentation to the board of 
proof of total and permanent incapacity, be retired and shall 
receive an immediate duty-connected disability pension equal to the 
greater of 55 [50] percent of the member's average total direct pay 
at the time of retirement or the member's accrued service pension.  
If the injury or illness involves a traumatic event that directly 
causes an immediate cardiovascular condition resulting in a total 
disability, the member is eligible for a duty-connected disability 
pension.  A disability pension granted by the board shall be paid to 
the member for the remainder of the member's life or for as long as 
the incapacity remains.  If a member is a DROP participant at the 
commencement of the member's disability, the member shall have the 
option of receiving the DROP balance in any manner that is approved 
by the board and that satisfies the requirements of Section 
401(a)(9) of the code and Treasury Regulation Section 1.104-1(b) 
(26 C.F.R. Section 1.104-1) and is otherwise available to any other 
member under this article.
	(b)  A member with 10 years or more of credited service who 
becomes totally and permanently incapacitated for the performance 
of the member's duties and is not eligible for either an immediate 
service pension or a duty-connected disability pension is eligible 
for an immediate monthly pension computed in the same manner as a 
service retirement pension but based on average total direct pay 
and service accrued to the date of the disability.  The pension 
under this subsection may not be less than 27.5 percent of the 
member's average total direct pay.
	(c)  A member who becomes entitled to receive a disability 
pension after November 23, 1998, is entitled to receive a one-time 
lump-sum payment of $5,000 at the same time the first monthly 
disability pension payment is made, but only if the member has not 
previously received a $5,000 payment under this section or Section 
12 of this article.  The retired member [person] shall also receive 
an additional amount each month equal to $150 [$88.05], beginning 
on the later of the date the pension begins or the date the first 
monthly payment becomes due after June 18, 2001, and continuing as 
long as the disability pension continues, to help defray the cost of 
group medical insurance.  [A retired member whose disability 
pension continues and was in pay status on November 23, 1998, is 
entitled to receive a one-time lump-sum payment of $5,000 as soon as 
administratively feasible after November 23, 1998.  This payment 
has no effect on the amount of the retired member's monthly 
pension.]  For any year in which a 13th payment is made to retired 
members under Section 12(e) of this article, a 13th payment, 
computed in the same manner, shall also be paid to members who have 
retired under this section.
	(d)  A person may not receive a disability pension unless the 
person files with the board an application for a disability pension 
not later than 180 days after the date of separation from service, 
at which time the board shall have the person examined by a 
physician chosen and compensated by the board.  The physician shall 
make a report and recommendations to the board regarding the extent 
of any disability and whether any disability that is diagnosed is a 
duty-connected disability. Except as provided by Subsection (j) of 
this section, a [A] person may not receive a disability pension for 
an injury received or illness incurred after separation from 
service.
	(h)  As soon as administratively feasible after the later of 
June 18, 2001, or the date of the member's retirement because of 
disability, an additional monthly disability benefit may be 
provided to the member.  The additional monthly benefit shall be 
equal to the difference between the monthly benefit the member is 
receiving under Subsection (a) or (b) of this section, whichever is 
applicable, and 100 percent of the member's average total direct 
pay at the time of retirement because of disability.  The additional 
benefit will end on the earlier of the fourth anniversary of the 
date the benefit is first paid, the end of the last month the member 
is engaged in an education or training program approved in 
accordance with procedures adopted by the board, or the date the 
member is approved to return to active duty.  This additional 
monthly benefit is not reduced by any DROP account distributions 
the member receives unless the member elects to receive the DROP 
distributions in the form of an annuity.  This additional benefit is 
not available to a member who is receiving a disability benefit 
under Subsection (j) of this section.
	(i)  Effective for payments that become due after April 30, 
2000, and instead of the disability benefit provided by Subsection 
(a), (b), or (h) of this section, a member who suffers a 
catastrophic injury shall receive a monthly benefit equal to 100 
percent of the member's average total direct pay determined as of 
the date of retirement.
	(j)  A member who transfers from the police department of a 
city subject to this article to another department of the same city, 
or who separates from service and is rehired in another department, 
and who subsequently terminates employment with the city due to a 
duty-connected injury incurred while working as a non-police 
employee, shall be entitled to receive an immediate proportional 
nonduty-connected disability benefit computed in the same manner as 
provided by Subsection (b) of this section, but the benefit shall be 
based only on service earned as an employee of the police 
department.  For purposes of this proportional disability benefit 
only, the 180-day application filing requirement in Subsection (d) 
of this section begins at the time of separation from the department 
that employed the member at the time the disability was incurred.  A 
person may not receive a disability pension for an injury incurred 
after termination from service with the city or for a nonduty 
disability incurred after separation from service with the police 
department.  This proportional nonduty-connected disability 
benefit is not available to a person who is already receiving a 
service retirement pension or disability pension under this 
article.
	(k)  A benefit payment that becomes due under this section is 
effective on the later of the first day the disabled member leaves 
the payroll of the city or the date the member signs the application 
for a disability pension.
	SECTION 15.  Sections 16(a), (c), and (f)-(h), Article 
6243g-4, Revised Statutes, are amended to read as follows:
	(a)  For purposes of this article, a marriage is considered 
to exist only if the marriage is recorded in the records of the 
recorder's office in the county in which the marriage ceremony was 
performed.  In [or, in] the case of a [declaration of] common-law 
marriage, a marriage declaration must be [if the declaration is] 
signed by the member and the member's common-law spouse before a 
notary public and recorded in the records of the county clerk's 
office in the county in which the couple resides at the commencement 
of the marriage [filed with the board].  In addition, a marriage 
that is evidenced by a declaration of common-law marriage signed 
before a notary public after December 31, 1999, may not be treated 
as effective earlier than the date on which it was signed before the 
notary public.
	(c)  If a member of the pension system who has not completed 
10 years of service in the police department is killed or dies from 
any cause growing out of or in consequence of any act clearly not in 
the actual performance of the member's official duty, the member's 
surviving spouse, dependent child or children, or dependent parent 
or parents are entitled to receive an immediate benefit.  The 
benefit is computed in the same manner as a service retirement 
pension but is based on the deceased member's service and average 
total direct pay at the time of death. The monthly benefit may not 
be less than 27.5 percent of the member's average total direct pay
[only to a refund of the member's contributions to the pension 
system].
	(f)  A surviving spouse who receives a survivor's benefit 
under this article is entitled to receive an additional amount each 
month equal to $150 [$88.05], beginning with the later of the date 
the first payment of the survivor's benefit is due or the date the 
first monthly payment becomes due after June 18, 2001, and 
continuing until the end of the month in which the surviving spouse 
dies.
	(g)  A [surviving spouse or dependent who was in pay status 
on November 23, 1998, is entitled to receive a one-time lump-sum 
payment of $5,000 as soon as administratively feasible after 
November 23, 1998.  The] surviving spouse or dependent who becomes 
eligible to receive benefits with respect to an active member who 
dies in active service after November 23, 1998, is entitled to 
receive a one-time lump-sum payment of $5,000 at the time the first 
monthly pension benefit is paid, if the member has not already 
received a $5,000 lump-sum payment under Section 12 or 15(c) of this 
article.  If more than one dependent is eligible to receive a 
payment under this subsection, the $5,000 shall be divided equally 
among the eligible dependents.  This payment has no effect on the 
amount of the surviving spouse's or dependents' monthly pension and 
may not be paid more than once.
	(h)  The monthly benefits of surviving spouses or dependents 
provided under this section, except the $150 [$88.05] monthly 
payments described by Subsection (f) of this section, shall be 
increased annually at the same time and by the same percentage as 
the pensions of retired members are increased in accordance with 
Section 12(c) of this article.  Also, for any year in which a 13th 
payment is made pursuant to Section 12(e) of this article, a 13th 
payment, computed in the same manner, shall also be made to 
survivors who are entitled to receive death benefits at that time.
	SECTION 16.  Article 6243g-4, Revised Statutes, is amended 
by adding Section 16A to read as follows:
	Sec. 16A.  BENEFICIARY DESIGNATION.  (a)  The provisions of 
Section 16 of this article pertaining to rights of survivors do not 
apply to an amount held in a member's DROP account.  A member who 
participates in DROP may designate a beneficiary to receive the 
balance of the member's DROP account in the event of the member's 
death, as permitted by Section 401(a)(9) of the code and the board's 
policies.  A member who is married is considered to have designated 
the member's spouse as the member's beneficiary unless the spouse 
consents, in a notarized writing delivered to the board, to the 
designation of another person as beneficiary.  If no designated 
beneficiary survives the member, the board may pay the balance of 
the member's DROP account to the member's beneficiaries in the 
following order:
		(1)  to the member's spouse;                                           
		(2)  if the member does not have a spouse, to each child 
of the member in equal shares;
		(3)  if the member does not have a spouse or any 
children, to each surviving parent of the member in equal shares; or
		(4)  if the member has no beneficiaries described by 
Subdivisions (1), (2), and (3) of this subsection, to the estate of 
the member.
	(b)  If a member names a spouse as a beneficiary and is 
subsequently divorced from that spouse, the divorce voids the 
designation of the divorced spouse as the member's beneficiary.  A 
designation of a divorced spouse will cause the board to pay any 
balance remaining in the member's DROP account in the order 
prescribed by Subsection (a) of this section.
	SECTION 17.  Section 17(h), Article 6243g-4, Revised 
Statutes, is amended to read as follows:
	(h)  Subject to procedures adopted by the board, the pension 
system shall accept a direct cash transfer of funds from another 
plan that is an eligible rollover distribution within the meaning 
of Section 402(f)(2)(A) of the code.  The transfer shall be accepted 
only for the purpose of repaying contributions the member has 
previously withdrawn or for other purposes expressly authorized by 
the board's procedures. [City contributions made under Section 9(b) 
of this article based on the unused sick leave, vacation pay, and 
accumulated overtime pay of a member who has separated from service 
may be applied, at the election of the member seeking a refund, to 
pay a refund of member contributions if the contributions are not 
used under Section 11(c) of this article to satisfy a service 
requirement for retirement.]
	SECTION 18.  Section 18, Article 6243g-4, Revised Statutes, 
is amended by amending Subsections (a) and (b) and adding 
Subsection (d) to read as follows:
	(a)  Except as provided by this section:                                
		(1)  [,] credit may not be allowed to any person for 
service with any department in the city other than the police 
department; and
		(2)  a [.  Except as provided by this section, if a 
person is transferred to or from some other department of the city 
to or from the police department, the] person's service will be 
computed from the date of entry into the service of the police 
department until the date of separation from service with the 
police department.
	(b)  Solely for purposes of determining whether a person has 
a sufficient number of years of service to receive a retirement 
pension or to enter the DROP program, and not for purposes of 
determining the amount of the pension or DROP credit, a person who 
is employed in any full-time position with the city after June 8, 
2001 [November 23, 1998], and has or obtains any credited service 
with the pension system after that date, shall receive service 
credit for any period of full-time employment with the same city.  
However, a person may not receive credit for service with both the 
police department and any other department of the city for the same 
period.
	(d)  Classified police officers who were formerly employed 
by a city as park police, airport police, or marshals, who were 
involuntarily transferred from another city department to the 
police department of the city, and who are current active members of 
the pension system shall have the option to receive credit with the 
pension system for previous service with another pension system of 
the city, provided that a person may not receive service credit for 
both pension systems for the same period of service.
	SECTION 19.  Section 20, Article 6243g-4, Revised Statutes, 
is amended to read as follows:
	Sec. 20.  DONATIONS.  The pension system may accept gifts 
and donations, and the gifts and donations shall be added to the 
fund for the use of the pension system, including, but not limited 
to, for use for education programs and the related administrative 
expenses of the programs.
	SECTION 20.  Section 22, Article 6243g-4, Revised Statutes, 
is amended to read as follows:
	Sec. 22.  LEGAL ADVICE.  The city attorney of the city shall 
handle all legal matters for the pension system, including 
litigation that is [that are] referred by the board, without 
additional compensation for the service.  The board may, however, 
as it considers necessary, employ outside legal counsel to the 
exclusion of, or to assist, the city attorney and pay reasonable 
compensation for the service of the additional legal counsel from 
the fund.
	SECTION 21.  Section 23, Article 6243g-4, Revised Statutes, 
is amended to read as follows:
	Sec. 23.  MEMBERS IN MILITARY SERVICE.  (a)  A member of the 
pension system engaged in active service in a uniformed service may 
not be required to make the monthly payments into the fund and may 
not lose any previous years' service with the city because of the 
uniformed service.  The uniformed service shall count as continuous 
service in the police department if the member returns to the city 
police department after discharge from the uniformed service as an 
employee within the period required by the Uniformed Services 
Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 
4301 et seq.), as amended, and the uniformed service does not exceed 
the period for which a person is entitled to have service counted 
pursuant to that Act.  Notwithstanding any other provision of this 
article, contributions and benefits shall be paid and qualified 
service for military service shall be determined in compliance with 
Section 414(u) of the code.
	(b)  The city is required to make its [regular monthly] 
payments into the fund on behalf of each member while the member is 
engaged in a uniformed service.  If a member who has less than 10 
years of service in the pension system dies directly or indirectly 
as a result of the uniformed service, and without returning to 
active service, the spouse, dependent children, dependent parent, 
or estate of the member is entitled to receive a benefit [refund] in 
the same manner as described by Section 16(c) of this article.
	SECTION 22.  Sections 25(d) and (e), Article 6243g-4, 
Revised Statutes, are amended to read as follows:
	(d)  The total salary taken into account for any purpose for 
any member of the pension system may not exceed $200,000 for any 
year for an eligible participant, or for years beginning after 2001 
for an ineligible participant, or $150,000 a year before 2001 for an 
ineligible participant.  These dollar limits shall be adjusted from 
time to time in accordance with guidelines provided by the United 
States secretary of the treasury.  For purposes of this subsection, 
an eligible participant is a person who first became an active 
member before 1996, and an ineligible participant is a member who is 
not an eligible participant.
	(e)  Accrued benefits under this article become 100 percent 
nonforfeitable for a member on the date the member has completed 10 
years of service.  If the pension system or the fund is terminated 
or partially terminated, or city contributions to the fund are 
discontinued completely, there may not be a reversion of funds to 
the employer.  On complete or partial termination or discontinuance 
of city contributions, the fund held by the pension system shall be 
used exclusively for benefits for members and their surviving 
spouses and dependents, and the members' [affected employees'] 
rights to the benefits, to the extent funded, shall be 
nonforfeitable if not already nonforfeitable under this 
subsection.
	SECTION 23.  Article 6243g-4, Revised Statutes, is amended 
by adding Section 29 to read as follows:
	Sec. 29.  CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS OR 
BENEFICIARIES.  (a)  Information contained in a record that is in 
the custody of a fund established under this article concerning an 
individual member, retiree, survivor, or beneficiary is 
confidential for purposes of Sections 552.101, 552.102, and 
552.117, Government Code.  The information may not be disclosed in a 
form that identifies a specific individual unless the information 
is disclosed to:
		(1)  the individual;                                                   
		(2)  the individual's attorney, guardian, executor, 
administrator, or conservator; or
		(3)  a person who has written authorization from the 
individual to receive the information.
	(b)  This section does not prevent the disclosure of the 
status or identity of an individual as a member, former member, 
retiree, deceased member, survivor, beneficiary, or alternate 
payee of the system.
	SECTION 24.  Sections 9(b), 15(f), and 16(d), Article 
6243g-4, Revised Statutes, are repealed.
	SECTION 25.  This Act takes effect September 1, 2003.