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A BILL TO BE ENTITLED
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AN ACT
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relating to service and disability retirement benefits and death |
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benefits for rescue specialists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 811.001, Government Code, is amended by |
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adding Subdivision (13-a) to read as follows: |
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(13-a) "Rescue specialist" means a member of the |
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retirement system who is employed by the adjutant general to fight |
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aircraft fires at a Texas National Guard installation. |
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SECTION 2. Section 811.006, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), a [A] rate of |
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member or state contributions to or a rate of interest required for |
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the establishment of credit in the retirement system may not be |
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reduced or eliminated, a type of service may not be made creditable |
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in the retirement system, a limit on the maximum permissible amount |
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of a type of creditable service may not be removed or raised, a new |
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monetary benefit payable by the retirement system may not be |
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established, and the determination of the amount of a monetary |
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benefit from the system may not be increased, if, as a result of the |
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particular action, the time, as determined by an actuarial |
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valuation, required to amortize the unfunded actuarial liabilities |
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of the retirement system would be increased to a period that exceeds |
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30 years by one or more years. |
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(c) This section does not apply to any action described by |
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Subsection (a) that affects only a member for whom the federal |
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government fully pays any applicable: |
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(1) member or state contributions to the retirement |
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system; and |
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(2) retirement system benefits. |
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SECTION 3. The heading to Section 814.107, Government Code, |
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is amended to read as follows: |
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Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE |
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OFFICERS AND RESCUE SPECIALISTS. |
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SECTION 4. Sections 814.107(a), (b), (c), (e), (f), and |
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(g), Government Code, are amended to read as follows: |
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(a) A member who has at least 20 years of service credit as a |
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law enforcement officer, [or] custodial officer, or rescue |
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specialist is eligible to retire regardless of age and receive a |
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standard service retirement annuity in an amount and to be funded as |
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provided by this section. |
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(b) The standard service retirement annuity payable for at |
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least 20 years of service credit as a law enforcement officer, [or] |
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custodial officer, or rescue specialist is an amount computed on |
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the basis of the member's average monthly compensation for the 36 |
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highest months of compensation in the employee class, times the sum |
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of the percentage factor used in the computation of a standard |
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service retirement annuity under Section 814.105 plus .5 percent. |
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(c) The standard combined service retirement annuity that |
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is payable under this section is based on retirement on or after the |
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attainment of the normal retirement age, which for purposes of this |
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section is the earlier of either the age of 50 or the age at which |
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the sum of the member's age and amount of service credit in the |
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employee class equals the number 80. A law enforcement officer, |
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[or] custodial officer, or rescue specialist who retires before |
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attaining the normal retirement age is entitled to an annuity that |
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is actuarially reduced from the annuity available at the normal |
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retirement age to the law enforcement officer, [or] custodial |
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officer, or rescue specialist service credit annuity amount |
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available at the sum of the member's age and amount of employee |
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class service credit. The annuity is payable from the law |
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enforcement and custodial officer supplemental retirement fund. |
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(e) The amount payable from the law enforcement and |
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custodial officer supplemental retirement fund is reducible by the |
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amount paid from the trust fund established by Section 815.310 for |
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service as a law enforcement officer, [or] custodial officer, or |
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rescue specialist. The total combined amount of an annuity under |
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this section may not be less than the authorized benefit under |
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Subsection (b) subtracted by any amount necessary because of |
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selection of an optional annuity, because of retirement before the |
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normal retirement age, or as provided by Subsection (f). |
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(f) The standard combined service retirement annuity |
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payable for at least 20 years of service credit as a law enforcement |
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officer, [or] custodial officer, or rescue specialist may not |
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exceed 100 percent of the average compensation computed under |
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Subsection (b). |
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(g) For purposes of this section, service as a law |
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enforcement officer, [or] custodial officer, or rescue specialist |
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is creditable as provided by rule of the board of trustees or on a |
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month-to-month basis, whichever is greater. |
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SECTION 5. The heading to Section 814.207, Government Code, |
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is amended to read as follows: |
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Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN |
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PEACE OFFICERS AND RESCUE SPECIALISTS. |
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SECTION 6. Sections 814.207(a) through (d), Government |
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Code, are amended to read as follows: |
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(a) An annuity payable for an occupational disability |
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resulting from a risk to which law enforcement officers, [or] |
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custodial officers, or rescue specialists are exposed because of |
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the nature of law enforcement officer, [or] custodial officer, or |
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rescue specialist duties is payable under the same terms and |
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conditions that apply to other occupational disability retirement |
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annuities under this subtitle, except that the source and amount of |
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the annuity are as provided by this section. |
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(b) Except as provided by Subsection (c), an occupational |
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disability retirement annuity under this section is an amount, but |
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not more than 100 percent, computed on the basis of the officer's or |
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rescue specialist's average monthly compensation, times a |
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percentage derived by application of Section 814.107(b). |
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(c) A disability retirement annuity under this section is |
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not reducible because of age and may not be less than 50 percent of |
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the officer's or rescue specialist's average monthly compensation |
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regardless of the amount of service credited to the officer or |
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rescue specialist in the employee class. |
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(d) The portions of the annuity under this section payable |
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from the law enforcement and custodial officer supplemental |
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retirement fund are the amount remaining after deduction of any |
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amount payable under Section 814.206, except the portion of an |
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amount that exceeds the minimum payments provided by Section |
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814.206(b) and that is made for service other than as a law |
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enforcement officer, [or] custodial officer, or rescue specialist |
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and any amount by which an annuity is increased under Subsection |
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(e). |
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SECTION 7. Section 814.305, Government Code, is amended to |
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read as follows: |
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Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT OR |
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CUSTODIAL OFFICER OR RESCUE SPECIALIST. If a member who has at |
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least 20 years of service credit as a law enforcement officer, [or] |
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custodial officer, or rescue specialist dies, the amount of the |
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death benefit annuity payable for the member's service as a law |
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enforcement officer, [or] custodial officer, or rescue specialist |
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is an amount computed and funded as provided by Section 814.107, |
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including any applicable reduction factors. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |