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AN ACT
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relating to the pension retirement system in certain municipalities |
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for firefighters and police. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.02, Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended by amending Subdivision (15) and adding |
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Subdivisions (4-a), (8-a), and (12-a) to read as follows: |
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(4-a) "Catastrophic injury" means irreparable |
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physical bodily injury sustained by a member as a direct and |
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immediate result of the member's engaging in an activity that: |
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(A) constitutes the performance of the member's |
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duties as a firefighter or police officer; |
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(B) involves an extraordinary degree of risk of |
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bodily injury or death; and |
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(C) does not result in death. |
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(8-a) "Disability" means a regular disability under |
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Section 5.03(a) of this Act or a catastrophic injury disability |
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under Section 5.03(a-1) of this Act. |
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(12-a) "Qualified mayoral designee" means an |
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individual designated by the mayor of a municipality to which this |
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Act applies who is a member or former member of the city council of, |
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or an employee of, a municipality to which this Act applies. |
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(15) "Retirement annuity" means [monthly] pension |
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benefits payable to a retiree on an annual basis in accordance with |
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this Act. |
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SECTION 2. Section 2.01(a), Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(a) The fund is governed by a board of trustees consisting |
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of the following nine members: |
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(1) the mayor of a municipality to which this Act |
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applies or a qualified mayoral designee; |
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(2) two members of the governing body of a |
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municipality to which this Act applies, appointed by that governing |
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body; |
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(3) two active members who are fire fighters below the |
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rank of fire chief, elected by secret ballot by a majority of the |
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votes cast by the members of the fire department; |
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(4) two active members who are police officers below |
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the rank of police chief, elected by secret ballot by a majority of |
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the votes cast by the members of the police department; |
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(5) a retiree representative of the fire department, |
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elected by secret ballot by a majority of the votes cast by the |
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retirees of the fire department and the surviving spouses who are |
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receiving benefits with respect to deceased members or retirees of |
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the fire department; and |
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(6) a retiree representative of the police department, |
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elected by secret ballot by a majority of the votes cast by the |
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retirees of the police department and the surviving spouses who are |
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receiving benefits with respect to deceased members or retirees of |
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the police department. |
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SECTION 3. Section 2.02(a), Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(a) The mayor of a municipality to which this Act applies, |
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or a qualified mayoral designee, serves on the board for the term of |
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the mayor's office except that, if the mayor appoints a mayoral |
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designee, the mayor may replace or remove that mayoral designee at |
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the mayor's discretion. An individual designated by the mayor to |
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serve on the board under this subsection may only serve on the board |
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while the individual is a qualified mayoral designee. |
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SECTION 4. Section 4.07(b), Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(b) A member of the fund who terminates employment before |
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the member's right to benefits under the fund has vested [but who
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has contributed to the fund for at least five years] is entitled to |
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a refund of the member's contributions that were picked up by the |
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municipality. That refund shall be paid without interest. A refund |
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under this section is not available to a member who terminates |
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employment to receive a disability pension or to a survivor |
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beneficiary under this Act. Except as provided by Section 4.08 of |
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this Act, a person's acceptance of a refund under this subsection |
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precludes the person from any other right or benefit under this Act. |
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SECTION 5. Section 5.01, Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended by amending Subsection (f) and adding |
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Subsections (f-1), (i), and (j) to read as follows: |
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(f) The board shall compute the retirement annuity of a |
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member who retires after September 30, 2001, but before October 1, |
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2007, at the rate of 2-1/4 percent of the member's average total |
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salary for each of the first 20 years of service, plus 4-1/2 percent |
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of the member's average total salary for each of the next seven |
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years of service, plus three percent of the member's average total |
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salary for each of the next three years of service, plus one-half |
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percent of the member's average total salary for each of the next |
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four years of service, with fractional years of service prorated |
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based on full months served as a contributing member. In making the |
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computation for a year, the year is considered to begin on the first |
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day a contribution is made. A retirement annuity under this |
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subsection may not exceed, as of the date of retirement, 87-1/2 |
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percent of the member's average total salary. |
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(f-1) The board shall compute the retirement annuity of a |
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member who retires after September 30, 2007, at the rate of 2-1/4 |
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percent of the member's average total salary for each of the first |
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20 years of service, plus five percent of the member's average total |
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salary for each of the next seven years of service, plus two percent |
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of the member's average total salary for each of the next three |
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years of service, plus one-half percent of the member's average |
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total salary for each of the next three years of service, with |
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fractional years of service prorated based on full months served as |
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a contributing member. In making the computation for a year, the |
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year is considered to begin on the first day a contribution is made. |
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A retirement annuity under this subsection may not exceed, as of the |
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date of retirement, 87-1/2 percent of the member's average total |
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salary. |
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(i) Beginning with the first monthly benefit payable by the |
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fund after October 1, 2007: |
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(1) the monthly benefit payable by the fund to a |
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retiree or a beneficiary of a deceased retiree or active member as a |
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result of a service retirement, disability retirement, or death of |
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an active member that occurred before October 1, 1989, increases by |
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$200; and |
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(2) a monthly benefit that is divided and payable to |
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more than one beneficiary in accordance with Section 6.02 of this |
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Act increases by a total amount of $200. |
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(j) Beginning with the first monthly benefit payable by the |
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fund after October 1, 2007: |
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(1) a monthly benefit payable by the fund to a retiree |
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or a beneficiary of a deceased retiree or active member that is less |
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than $1,850 per month, after taking into account the increase |
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provided for in Subsection (i) of this section, increases to $1,850 |
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per month; and |
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(2) a monthly benefit that is divided and payable to |
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more than one beneficiary in accordance with Section 6.02 of this |
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Act increases to a total amount of $1,850. |
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SECTION 6. Section 5.015(b), Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(b) The Back DROP election: |
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(1) results in a lump-sum payment for a number of full |
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months of service elected by the member that does not exceed the |
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lesser of the number of months of service credit the member has in |
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excess of 20 years or 48 [36] months; |
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(2) is available only to a member who takes a service |
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retirement; and |
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(3) must be made at the time of application for |
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retirement. |
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SECTION 7. Section 5.03, Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended by amending Subsections (a) and (c) and |
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adding Subsections (a-1), (a-2), and (g) to read as follows: |
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(a) An active member of the fund who is not eligible to |
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receive a catastrophic injury disability annuity under Subsection |
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(a-1) of this section is eligible to retire and receive a regular |
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disability retirement annuity if the member: |
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(1) makes a written application for regular disability |
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retirement with the board; |
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(2) is permanently disabled through injury or disease |
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so as to be unable to perform the duties of any available position |
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in the department and has been off active duty for a continuous |
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period of not less than 30 days before the date of the application |
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for disability retirement; |
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(3) has had all member contributions required by this |
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Act made on the member's behalf; |
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(4) is not on indefinite suspension as described in |
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Subsection (d) of this section; and |
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(5) has authorized the release to the board of all |
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medical records dated on or after the date of initial application |
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for employment with the department. |
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(a-1) An active member of the fund is eligible to retire and |
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receive a catastrophic injury disability retirement annuity if the |
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member: |
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(1) makes a written application for catastrophic |
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injury disability retirement with the board; |
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(2) is permanently so disabled as a result of a |
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catastrophic injury as to: |
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(A) be unable to secure any type of third-party |
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employment, or engage in any self-employment, other than sporadic |
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third-party or self-employment; and |
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(B) have, as a result of the lack of third-party |
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employment or self-employment, an annual income less than the |
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poverty level for one person in the 48 contiguous states of the |
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United States as provided under the poverty guidelines published |
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from time to time by the United States Department of Health and |
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Human Services, or similar guidelines selected by the board; |
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(3) has had all member contributions required by this |
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Act made on the member's behalf; |
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(4) is not on indefinite suspension as described in |
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Subsection (e) of this section; and |
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(5) has authorized the release to the board of all |
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medical records dated on or after the date of initial application |
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for employment with the department. |
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(a-2) The following diseases, disorders, or injuries are |
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not catastrophic injuries: |
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(1) heart disease or lung disease contracted as a |
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result of repeated exposure to occupational environmental |
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conditions over a period of months or years; |
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(2) an anxiety disorder, including post-traumatic |
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stress disorder; or |
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(3) a soft-tissue back, neck, or spine injury, |
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including a sprain, strain, subluxation, or repetitive stress |
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injury, that does not result in paralysis, as determined by a |
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physician authorized or appointed by the board. |
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(c) Except as provided by Subsection (d) of this section, a |
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member of the fund who is on suspension and who becomes disabled as |
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a result of [receives a total and permanent disability resulting
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from] an injury sustained or disease contracted [incurred] while |
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the member is on suspension is eligible for a disability retirement |
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annuity under Subsection (a) or (a-1) of this section, as |
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applicable, if the suspended member makes up each deducted |
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contribution lost by reason of the suspension not later than the |
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30th day after the later of the termination date of the suspension |
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or the exhaustion of any appeal with respect to the suspension. A |
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municipality to which this Act applies shall double-match all |
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contributions made by a member under this subsection. |
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(g) A disability retiree who becomes disabled before |
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October 1, 2007, and who is otherwise qualified to receive a |
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catastrophic injury disability retirement annuity under Subsection |
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(a-1) of this section is eligible to receive an annuity under that |
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subsection, subject to Section 5.04(a-2) of this Act. |
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SECTION 8. Section 5.04, Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended by amending Subsections (a) and (b) and |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a) A member who is eligible to retire and receive a |
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[monthly] disability retirement annuity under Section 5.03(a) of |
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this Act is entitled to receive an annuity from the fund equal to: |
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(1) 50 percent of [the average of] the member's average |
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total salary, if the member has served three years or more before |
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the date of retirement [for the highest three years of the last five
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years, computed from the date of retirement, divided by 12]; [or] |
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(2) [if the member has served less than three years
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before the date of retirement,] 50 percent of the member's average |
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monthly [total] salary as of the date of retirement multiplied by |
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12, if the member has served at least two months and less than three |
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years before the date of retirement; or |
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(3) 50 percent of the member's average daily salary as |
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of the date of retirement multiplied by 360, if the member has |
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served less than two months before the date of retirement. |
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(a-1) Subject to Subsection (a-2) of this section a member |
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who is eligible to retire and receive a catastrophic injury |
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disability retirement annuity under Section 5.03(a-1) of this Act |
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is entitled to receive an annuity from the fund equal to: |
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(1) 87.5 percent of the member's average total salary, |
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if the member has served three years or more before the date of |
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retirement; |
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(2) 87.5 percent of the member's average monthly |
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salary as of the date of retirement multiplied by 12, if the member |
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has served at least two months and less than three years before the |
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date of retirement; or |
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(3) 87.5 percent of the member's average daily salary |
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as of the date of retirement multiplied by 360, if the member has |
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served less than two months before the date of retirement. |
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(a-2) An annuity awarded by the board under Subsection (a-1) |
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of this section to a member who was previously awarded an annuity |
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under Subsection (a) of this section shall be increased to equal the |
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amount the annuity awarded under Subsection (a) of this section |
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would have been if the annuity had been awarded under Subsection |
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(a-1) of this section, taking into account the cost of living |
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adjustment increases provided for in Section 5.09 of this Act. This |
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subsection does not entitle the member to any additional payment |
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for the period before the effective date of the award under |
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Subsection (a-1) of this section [, or a theoretical monthly
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average if service is less than a full month]. |
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(b) In making computations under this section, all [All] |
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fractional years must be [under this section are] prorated based on |
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full months served in [on] the [fire or police] department as a |
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contributing member of the fund. |
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SECTION 9. Section 5.05, Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
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Civil Statutes), is amended by amending Subsections (a) and (c) and |
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adding Subsections (a-1), (a-2), (a-3), and (c-1) to read as |
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follows: |
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(a) The board may cause a disability retiree to undergo a |
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medical examination or examinations by any reputable physician or |
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physicians selected by the board[. Based on the examination, the
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board shall determine whether the disability retirement annuity
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shall be continued, decreased, restored to the original amount if
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it had been decreased, or discontinued, except that a disability
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retirement annuity may not be completely discontinued unless the
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disability retiree has first been accepted for reinstatement in
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that person's former position or status in the fire or police
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department by the chief of the respective department]. |
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(a-1) A disability retiree who is awarded a catastrophic |
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injury disability annuity under Section 5.03(a-1) of this Act shall |
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undergo a medical examination by any reputable physician or |
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physicians selected by the board: |
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(1) not later than 60 months after the date of the |
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award of the annuity by the board; and |
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(2) thereafter, not later than 60 months following the |
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last required medical examination of the disability retiree under |
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this subsection. |
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(a-2) The board may require one or more medical examinations |
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under Subsection (a) of this section in addition to those required |
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under Subsection (a-1) of this section. |
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(a-3) Subject to Subsection (c) of this section, based on an |
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examination under Subsections (a), (a-1), or (a-2) of this section, |
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the board shall determine whether the disability retirement annuity |
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shall be continued, decreased, restored to the original amount if |
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it had been decreased, or discontinued. |
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(c) For those retired because of disability on or after |
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August 30, 1971, the [monthly] disability retirement annuity may |
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not be reduced to an amount that is less than the product of: |
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(1) 2.25 percent multiplied by the number of years |
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that the retiree served in the department and contributed a portion |
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of salary as a member of the fund multiplied by the retiree's |
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average total salary, if the retiree served three years or more |
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before the date of retirement; |
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(2) 2.25 percent multiplied by the number of years |
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that the retiree served in the department and contributed a portion |
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of salary as a member of the fund multiplied by the retiree's |
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average monthly salary as of the date of retirement multiplied by |
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12, if the retiree served at least two months and less than three |
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years before the date of retirement; or |
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(3) 2.25 percent multiplied by the number of years |
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that the retiree served in the department and contributed a portion |
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of salary as a member of the fund multiplied by the retiree's |
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average daily salary as of the date of retirement multiplied by 360, |
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if the member has served less than two months before the date of |
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retirement. |
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(c-1) In making the computation under Subsection (c) of this |
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section, all [two percent, for each year that the retiree has served
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and contributed a portion of salary, of the average of the member's
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total salary for the highest three years of the last five years,
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computed from the date of retirement, divided by 12, or if the
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member has served less than three years before the date of
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retirement, 50 percent of the member's average monthly total
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salary, or a theoretical monthly average if service is less than a
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full month. All] fractional years shall be prorated based on full |
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months served in [on] the [fire or police] department as a |
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contributing member of the fund before the date of retirement. |
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SECTION 10. Section 5.07(b), Chapter 824, Acts of the 73rd |
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Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
|
Civil Statutes), is amended to read as follows: |
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(b) If the retiree received income from other employment, |
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including self-employment, during the preceding year, the board may |
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reduce the retiree's disability retirement annuity by the amount of |
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$1 for each month for each $2 of income earned by the retiree from |
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the other employment during each month of the previous year, except |
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that the disability retirement annuity may not be decreased below |
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the [an] amount determined [based on 2-1/4 percent of the retiree's
|
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average total salary computed at the time of retirement] under |
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Section 5.05(c) [5.04] of this Act [for each year of service in the
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department]. |
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SECTION 11. Section 5.09(a), Chapter 824, Acts of the 73rd |
|
Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
|
Civil Statutes), is amended to read as follows: |
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(a) At or before its regular meeting in the month of March, |
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the board annually shall review the Consumer's Price Index for All |
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Urban Consumers (CPI-U), U.S. City Average or the nearest |
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equivalent published by the United States Bureau of Labor |
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Statistics for the preceding calendar year. If that index shows an |
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increase during the preceding calendar year in the cost of living as |
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compared with that index at the close of the previous year, the |
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board shall order an increase of all service, disability, and death |
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benefit retirement annuities by a percentage that varies by the |
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date of the member's service or disability retirement, or, in the |
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case of a member who died before retirement, the date on which the |
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member died. If the member's service retirement, disability |
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retirement, or death before retirement occurred before August 30, |
|
1971, the annuity shall be increased by a percentage equal to the |
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percentage increase in the cost of living index. If the member's |
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service retirement, disability retirement, or death before |
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retirement occurred on or after August 30, 1971, but before October |
|
1, 1997 [1993], the annuity shall be increased as follows: if the |
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percentage increase in the cost of living index is eight percent or |
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less, the annuity shall be increased by a percentage equal to the |
|
percentage increase, and if the percentage increase in the cost of |
|
living index is more than eight percent, the annuity shall be |
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increased by eight percent plus a percentage equal to 75 percent of |
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the percentage increase that is more than eight percent. If the |
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member's service retirement, disability retirement, or death |
|
before retirement occurred on or after October 1, 1997 [1993], the |
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annuity shall be increased by a percentage equal to 75 percent of |
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the percentage increase in the cost of living index. A percentage |
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increase in annuities shall be rounded to the nearest one-tenth |
|
percentage point for a cost of living increase. |
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SECTION 12. Section 6.02, Chapter 824, Acts of the 73rd |
|
Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
|
Civil Statutes), is amended by amending Subsections (a), (c), (g), |
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and (m) and adding Subsections (g-1), (g-2), and (o) to read as |
|
follows: |
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(a) Subject to Section 6.03 of this Act and the provisions |
|
of this section, if a member or [disability] retiree receiving a |
|
disability pension under Section 5.03(a) of this Act dies leaving a |
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surviving spouse or at least one dependent child, the surviving |
|
spouse and the children are entitled to receive from the fund an |
|
aggregate death benefit annuity, computed and payable from the date |
|
of the member's death. The surviving spouse may elect the annuity |
|
in an amount that is equal to either: |
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(1) 50 percent of the member's average total salary; or |
|
(2) the same percentage of the member's average total |
|
salary that the member would have been entitled to receive as a |
|
retirement annuity if the member could have retired on the date of |
|
death. |
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(c) Subject to [Section 6.08 of this Act and] the provisions |
|
of this section, if a retiree other than a [disability] retiree |
|
receiving a disability pension under Section 5.03(a) of this Act |
|
dies leaving a surviving spouse or at least one dependent child, the |
|
surviving spouse and dependent children are entitled to receive |
|
from the fund an aggregate death benefit annuity, computed and |
|
payable from the date of the member's death, in an amount that is |
|
equal to the lesser of: |
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(1) the retirement annuity to which a member with the |
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same average total salary as the deceased retiree and 27 years of |
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service credit would be entitled if the member retired on the date |
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of the deceased retiree's death; or |
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(2) the retirement annuity the retiree was receiving |
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at the time of the retiree's death. |
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(g) A child who is born after the date of retirement of the |
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member is not entitled to a death benefit annuity under this Act |
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unless the retiree was married to the other parent of the child on |
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the date of retirement. A surviving spouse of a retiree who was not |
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married to the retiree until after the retiree's retirement is |
|
entitled to receive only the benefits, if any, provided under |
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Subsection (g-1) [(m)] of this section or [and] Section 6.08 of this |
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Act. |
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(g-1) A surviving spouse of a retiree who was not married to |
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the retiree until after the date of the retiree's retirement is |
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entitled to receive the entire death benefit of a surviving spouse |
|
in this section if the surviving spouse was married to the retiree |
|
for a period of at least the five consecutive years preceding the |
|
date of the retiree's death. A surviving spouse of a retiree who |
|
was not married to the retiree until after the retiree's retirement |
|
and was not married to the retiree for a period of the five |
|
consecutive years preceding the date of the retiree's death is |
|
entitled to receive only the benefits, if any, provided under |
|
Section 6.08 of this Act. The benefit provided by this subsection |
|
applies only with respect to a retiree death that occurs on or after |
|
October 1, 2007. |
|
(g-2) The surviving spouse of a retiree who made an election |
|
under Subsection (m) of this section before October 1, 2007, and who |
|
does not cancel that election in accordance with Subsection (m) of |
|
this section is not entitled to receive the death benefit annuity |
|
provided for under Subsection (g-1) of this section. |
|
(m) Subject to Subsections [Subsection] (n) and (o) of this |
|
section, a service retiree who marries after the date of retirement |
|
may elect to receive a reduced annuity during the retiree's |
|
lifetime and provide for a death benefit annuity to the retiree's |
|
surviving spouse. The amount of the reduced annuity and spousal |
|
death benefit shall be determined by the fund's actuary and shall be |
|
actuarially equivalent to the annuity the retiree was receiving |
|
immediately before the election under this subsection. An election |
|
made under this subsection may be canceled by the retiree before the |
|
retiree's death [on the divorce of the retiree or the death of the
|
|
retiree's spouse]. After the election is canceled, the retiree |
|
shall be entitled to receive the same annuity to which the retiree |
|
would have been entitled if the election had not been made. A |
|
retiree who cancels an election under this subsection is not |
|
entitled to any additional benefits for the period of time before |
|
the cancellation. The board shall adopt policies and procedures |
|
governing elections and cancellation of elections under this |
|
subsection. An election or cancellation of an election made under |
|
this subsection must be made in accordance with the board's |
|
policies and procedures. |
|
(o) A retiree may not make an election under Subsection (m) |
|
of this section after September 30, 2007. A cancellation of an |
|
election by a retiree under Subsection (m) of this section must be |
|
made on or before December 31, 2007. |
|
SECTION 13. Sections 6.08(a) and (b), Chapter 824, Acts of |
|
the 73rd Legislature, Regular Session, 1993 (Article 6243o, |
|
Vernon's Texas Civil Statutes), are amended to read as follows: |
|
(a) Except as provided by Subsection (b) of this section, a |
|
surviving spouse of a retiree whose status as such resulted from any |
|
marriage after the date of the retirement of the retiree and who has |
|
been married to the retiree for a period of at least the 2-1/2 but |
|
less than the five consecutive years preceding the date of the |
|
retiree's death, [member] is entitled to a lump-sum death benefit |
|
because of the retiree's [member's] death in the amount of $2,500 [:
|
|
[(1)
$10,000 if the marriage occurred 10 years or more
|
|
before the member's death;
|
|
[(2)
$7,500 if the marriage occurred 7-1/2 years
|
|
before but less than 10 years before the member's death;
|
|
[(3)
$5,000 if the marriage occurred five years or
|
|
more but less than 7-1/2 years before the member's death; and
|
|
[(4)
$2,500 if the marriage occurred 2-1/2 years or
|
|
more but less than five years before the member's death]. |
|
(b) A surviving spouse is not entitled to a lump-sum death |
|
benefit under this section if a child is entitled to receive death |
|
benefits under this Act as a result of the retiree's death. |
|
SECTION 14. Section 6.11, Chapter 824, Acts of the 73rd |
|
Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
|
Civil Statutes), is amended to read as follows: |
|
Sec. 6.11. DEATH BENEFIT FOR ACTIVE MEMBER'S ESTATE. If an |
|
active member dies and does not leave a beneficiary, the estate of |
|
the deceased member is entitled to a death benefit payment from the |
|
fund in an amount equal to the greater of: |
|
(1) 10 [five] times the amount of an annuity computed |
|
in accordance with Section 5.01(f-1) [5.01(f)] of this Act using |
|
the deceased member's service credit and average total salary as of |
|
the date of death; or |
|
(2) the refund of the member's contributions that were |
|
picked up by the municipality. |
|
SECTION 15. Section 6.115, Chapter 824, Acts of the 73rd |
|
Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas |
|
Civil Statutes), is amended to read as follows: |
|
Sec. 6.115. DEATH BENEFIT FOR RETIREE'S ESTATE. If a |
|
retiree dies and does not leave a beneficiary, the estate of the |
|
retiree is entitled to a death benefit payment from the fund in an |
|
amount equal to 10 [five] times the amount of the annuity awarded by |
|
the board effective on the retiree's date of retirement, less any |
|
retirement or disability annuity and any lump sum under Section |
|
5.015 of this Act paid to the retiree. |
|
SECTION 16. Sections 6.14(e), (f), (h), and (j), Chapter |
|
824, Acts of the 73rd Legislature, Regular Session, 1993 (Article |
|
6243o, Vernon's Texas Civil Statutes), are amended to read as |
|
follows: |
|
(e) The annuity used to compute the lump-sum payment is |
|
determined in the manner provided by Section 5.01(f-1) [5.01(f)] of |
|
this Act for retired members, using: |
|
(1) the deceased member's average total salary for all |
|
months, excluding the number of months immediately preceding the |
|
member's date of death that equal the number of months elected by |
|
the surviving spouse under Subsection (f) of this section; and |
|
(2) the amount of service credit as determined by |
|
Subsection (g) or (h) of this section. |
|
(f) The surviving spouse must elect the number of months |
|
used in computing the lump-sum payment. The number of months may |
|
not exceed the lesser of: |
|
(1) the number of months of service credit in excess of |
|
20 years that the deceased member has on the date of death; or |
|
(2) 48 [36] months. |
|
(h) In determining the annuity under Subsection (e) of this |
|
section for a surviving spouse whose death benefit annuity is |
|
limited by Section 6.02(b) of this Act, the deceased member's |
|
service credit is the lesser of: |
|
(1) the deceased member's service credit computed as |
|
provided by Section 5.01(g) of this Act, less the number of months |
|
elected by the surviving spouse under Subsection (f) of this |
|
section and less any service credit for unused sick leave to which |
|
the member would have been entitled; or |
|
(2) 27 years. |
|
(j) The reduced annuity is determined in the manner provided |
|
by Section 5.01(f-1) [5.01(f)] of this Act for retired members, |
|
using: |
|
(1) the deceased member's average total salary for all |
|
months, excluding the number of months immediately preceding the |
|
member's date of death that equal the number of months elected by |
|
the surviving spouse under Subsection (f) of this section; and |
|
(2) the amount of service credit as determined by |
|
Subsection (k) or (l) of this section. |
|
SECTION 17. Sections 4.07(a), 5.04(c), and 6.08(c), Chapter |
|
824, Acts of the 73rd Legislature, Regular Session, 1993 (Article |
|
6243o, Vernon's Texas Civil Statutes), are repealed. |
|
SECTION 18. This Act takes effect October 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2752 was passed by the House on May 8, |
|
2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2752 was passed by the Senate on May |
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |