79R5922 SGA-D
By: Riddle H.B. No. 2088
A BILL TO BE ENTITLED
AN ACT
relating to service and disability benefits for certain
state-employed fire fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 811.001, Government Code, is amended by
adding Subdivision (8-a) to read as follows:
(8-a) "Fire fighter" means a member of the retirement
system who is employed by the adjutant general as a full-time
civilian fire fighter assigned to the 147th Fighter Wing at
Ellington Air National Guard Base.
SECTION 2. Section 813.513(a), Government Code, is amended
to read as follows:
(a) An eligible member may establish not more than 60 months
of equivalent membership service credit, including law enforcement
officer, [or] custodial officer, or fire fighter service, in either
the elected class or the employee class.
SECTION 3. Section 814.104(b), Government Code, is amended
to read as follows:
(b) A member who is at least 55 years old and who has at
least 10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department of
Public Safety, the Texas Alcoholic Beverage Commission, the State
Board of Pharmacy, or the Parks and Wildlife Department, [or] as a
custodial officer, or as a fire fighter is eligible to retire and
receive a service retirement annuity.
SECTION 4. The heading to Section 814.107, Government Code,
is amended to read as follows:
Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE
OFFICERS AND FIRE FIGHTERS.
SECTION 5. Sections 814.107(a), (b), (c), (e), (f), and
(g), Government Code, are amended to read as follows:
(a) A member who has at least 20 years of service credit as a
law enforcement officer, [or] custodial officer, or fire fighter is
eligible to retire regardless of age and receive a standard service
retirement annuity in an amount and to be funded as provided by this
section.
(b) The standard service retirement annuity payable for at
least 20 years of service credit as a law enforcement officer, [or]
custodial officer, or fire fighter is an amount computed on the
basis of the member's average monthly compensation for the 36
highest months of compensation in the employee class, times the sum
of the percentage factor used in the computation of a standard
service retirement annuity under Section 814.105 plus .5 percent.
(c) The standard combined service retirement annuity that
is payable under this section is based on retirement on or after the
attainment of the normal retirement age, which for purposes of this
section is the earlier of either the age of 50 or the age at which
the sum of the member's age and amount of service credit in the
employee class equals the number 80. A law enforcement officer,
[or] custodial officer, or fire fighter who retires before
attaining the normal retirement age is entitled to an annuity that
is actuarially reduced from the annuity available at the normal
retirement age to the law enforcement officer, [or] custodial
officer, or fire fighter service credit annuity amount available at
the sum of the member's age and amount of employee class service
credit. The annuity is payable from the law enforcement and
custodial officer supplemental retirement fund.
(e) The amount payable from the law enforcement and
custodial officer supplemental retirement fund is reducible by the
amount paid from the trust fund established by Section 815.310 for
service as a law enforcement officer, [or] custodial officer, or
fire fighter. The total combined amount of an annuity under this
section may not be less than the authorized benefit under
Subsection (b) subtracted by any amount necessary because of
selection of an optional annuity, because of retirement before the
normal retirement age, or as provided by Subsection (f).
(f) The standard combined service retirement annuity
payable for at least 20 years of service credit as a law enforcement
officer, [or] custodial officer, or fire fighter may not exceed 100
percent of the average compensation computed under Subsection (b).
(g) For purposes of this section, service as a law
enforcement officer, [or] custodial officer, or fire fighter is
creditable as provided by rule of the board of trustees or on a
month-to-month basis, whichever is greater.
SECTION 6. The heading to Section 814.207, Government Code,
is amended to read as follows:
Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN
LAW ENFORCEMENT OFFICERS, PEACE OFFICERS, AND FIRE FIGHTERS.
SECTION 7. Sections 814.207(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) An annuity payable for an occupational disability
resulting from a risk to which law enforcement officers, [or]
custodial officers, or fire fighters are exposed because of the
nature of law enforcement officer, [or] custodial officer, or fire
fighter duties is payable under the same terms and conditions that
apply to other occupational disability retirement annuities under
this subtitle, except that the source and amount of the annuity are
as provided by this section.
(b) Except as provided by Subsection (c), an occupational
disability retirement annuity under this section is an amount, but
not more than 100 percent, computed on the basis of the officer's or
fire fighter's average monthly compensation, times a percentage
derived by application of Section 814.107(b).
(c) A disability retirement annuity under this section is
not reducible because of age and may not be less than 50 percent of
the officer's or fire fighter's average monthly compensation
regardless of the amount of service credited to the officer or fire
fighter in the employee class.
(d) The portions of the annuity under this section payable
from the law enforcement and custodial officer supplemental
retirement fund are the amount remaining after deduction of any
amount payable under Section 814.206, except the portion of an
amount that exceeds the minimum payments provided by Section
814.206(b) and that is made for service other than as a law
enforcement officer, [or] custodial officer, or fire fighter and
any amount by which an annuity is increased under Subsection (e).
SECTION 8. Section 814.305, Government Code, is amended to
read as follows:
Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT OR
CUSTODIAL OFFICER OR FIRE FIGHTER. If a member who has at least 20
years of service credit as a law enforcement officer, [or]
custodial officer, or fire fighter dies, the amount of the death
benefit annuity payable for the member's service as a law
enforcement officer, [or] custodial officer, or fire fighter is an
amount computed and funded as provided by Section 814.107,
including any applicable reduction factors.
SECTION 9. Section 815.102(a), Government Code, is amended
to read as follows:
(a) Subject to the limitations of this subtitle, the board
of trustees may adopt rules for:
(1) eligibility of membership;
(2) the administration of the funds of the retirement
system;
(3) the program of supplemental benefits for law
enforcement officers, [and] custodial officers, and fire fighters;
(4) hearings on contested cases or disputed claims;
and
(5) the transaction of any other business of the
board.
SECTION 10. Section 815.317(b), Government Code, is amended
to read as follows:
(b) The retirement system may use money from the fund only
to pay supplemental retirement and death benefits to law
enforcement officers, [and] custodial officers, and fire fighters
as provided by this subtitle and to pay for the administration of
the fund.
SECTION 11. Section 815.403(a), Government Code, is amended
to read as follows:
(a) During each fiscal year, the state shall contribute to
the retirement system:
(1) an amount equal to 7.4 percent of the total
compensation of all members of the retirement system for that year;
(2) money to pay lump-sum death benefits for retirees
under Section 814.501;
(3) an amount for the law enforcement and custodial
officer supplemental retirement fund equal to 2.13 percent of the
aggregate state compensation of all custodial officers, [and] law
enforcement officers, and fire fighters for that year;
(4) money necessary for the administration of the law
enforcement and custodial officer supplemental retirement fund;
and
(5) money for service credit not previously
established, as provided by Section 813.202(c) or 813.302(d).
SECTION 12. Section 815.505, Government Code, is amended to
read as follows:
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
CUSTODIAL OFFICERS AND FIRE FIGHTERS. Not later than the 12th day
of the month following the month in which a person begins or ceases
employment as a law enforcement officer, [or] custodial officer, or
fire fighter, the Public Safety Commission, the Texas Alcoholic
Beverage Commission, the Parks and Wildlife Commission, the State
Board of Pharmacy, the Board of Pardons and Paroles, [or] the Texas
Board of Criminal Justice, or the adjutant general, as applicable,
shall certify to the retirement system, in the manner prescribed by
the system, the name of the employee and such other information as
the system determines is necessary for the crediting of service and
financing of benefits under this subtitle.
SECTION 13. Before October 1, 2005, the adjutant general
shall certify to the Employees Retirement System of Texas, in the
manner prescribed by the retirement system, the name of each person
employed by the adjutant general on September 1, 2005, as a fire
fighter, as defined by Section 811.001, Government Code, as amended
by this Act, and such other information as the system determines is
necessary for the crediting of service and financing of benefits
under Subtitle B, Title 8, Government Code.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.