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A BILL TO BE ENTITLED
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AN ACT
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relating to participation by certain volunteer fire departments in |
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the Texas Emergency Services Retirement System instead of a Texas |
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local firefighters retirement system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 861.001(10) and (12), Government Code, |
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are amended to read as follows: |
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(10) "Qualified service" means service: |
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(A) for a participating department, other than a |
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department described by Paragraph (B), that: |
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(i) is recognized as an emergency services |
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department by its governing body and that conducts at least 48 hours |
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of training in a calendar year; and |
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(ii) [(B) that] is performed by a member in |
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good standing in the department who: |
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(a) [(i)] attends at least 20 hours of |
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annual training and at least 25 percent of the department's |
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emergencies in a calendar year; |
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(b) [(ii)] attends at least 20 hours |
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of annual training and provides support services for at least 25 |
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percent of the department's emergencies in a calendar year; or |
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(c) [(iii)] does not attend training |
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or emergencies because the member is absent because of military |
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duty; or |
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(B) for a fire department that is performed by a |
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member in good standing in the department who: |
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(i) is a volunteer; |
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(ii) answers at least 25 percent of all fire |
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alarms in a calendar year, as determined by the local board; and |
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(iii) attends at least 40 percent of all |
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drills held by the department in a calendar year. |
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(12) "Volunteer" means a person who: |
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(A) performs emergency services for civic, |
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charitable, or humanitarian reasons; |
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(B) [,] receives no monetary compensation from a |
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participating department or who regularly receives compensation |
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for those services of less than $200 a month; [,] and |
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(C) is not subject to the compensation |
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requirements provided for employees by the Fair Labor Standards Act |
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of 1938 (29 U.S.C. Section 201 et seq.). |
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SECTION 2. Section 862.001, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The fire department of each municipality in the state |
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shall participate in the pension system if the department: |
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(1) consists exclusively of volunteers; and |
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(2) was organized before September 1, 1989, and |
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remains a regularly organized department. |
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(d) If a municipality's fire department consists partly of |
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employees participating in the Texas Municipal Retirement System |
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and partly of volunteers not participating in that retirement |
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system, the municipality's fire department shall participate in the |
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pension system and this subtitle applies only with respect to the |
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persons who are not participating in the Texas Municipal Retirement |
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System. |
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SECTION 3. Section 865.012, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] local |
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board is composed of: |
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(1) one trustee selected by the governing body of the |
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political subdivision of which a participating department is a |
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part; |
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(2) three trustees who are active members representing |
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a participating department chosen by a majority of the emergency |
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services personnel in the department who are eligible to |
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participate in the pension system; and |
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(3) two trustees who are representatives of the |
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political subdivision who are chosen by the other members of the |
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local board. |
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(a-1) A local board of a participating department described |
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by Section 862.001(c) or (d) is composed of: |
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(1) the mayor of the municipality or the mayor's |
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designated representative or the chief operating officer of the |
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political subdivision or the chief operating officer's designated |
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representative, as applicable; |
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(2) the chief financial officer of the municipality or |
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other political subdivision or, if there is no officer denominated |
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as chief financial officer, the person who performs the duties of |
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chief financial officer or a person designated by the chief |
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financial officer or by the person performing the duties of chief |
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financial officer; |
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(3) three members of the pension system elected by |
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active members as provided by Subsection (a-2); and |
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(4) two persons who reside in the municipality or |
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other political subdivision or within the extraterritorial |
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jurisdiction of the municipality, who are not officers or employees |
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of the municipality or other political subdivision, and who are |
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elected by a majority vote of the members of the local board |
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determined as provided by Subdivisions (1), (2), and (3). |
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(a-2) During each period that begins on December 1 of one |
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year and ends on January 31 of the following year, the active |
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members in a municipality or other political subdivision subject to |
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Subsection (a-1) shall elect by secret ballot and certify to the |
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governing body of the municipality or other political subdivision a |
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member to the local board to serve a term of three years. To be |
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elected a member of a local board under this subsection, a person |
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must be an active member of the pension system and receive a |
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majority of the votes cast in the election, and at least 50 percent |
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of all active members of the pension system must vote in the |
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election. |
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(b) Trustees of a local board subject to Subsection (a) |
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serve staggered two-year terms. At the first meeting of a local |
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board, the trustees shall draw lots to determine the length of the |
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term to be served, with the terms of two trustees to be two years and |
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the terms of two trustees to be one year. The first appointments of |
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trustees appointed by other members of the local board are to be one |
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trustee for a two-year term and one trustee for a one-year term. |
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SECTION 4. The heading to Section 19, Texas Local Fire |
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Fighters Retirement Act (Article 6243e, Vernon's Texas Civil |
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Statutes), is amended to read as follows: |
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Sec. 19. BOARDS [BOARD] OF TRUSTEES [FOR PAID OR PART-PAID
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FIRE DEPARTMENT]. |
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SECTION 5. Section 19(a), Texas Local Fire Fighters |
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Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is |
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amended to read as follows: |
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(a) In each municipality and other political subdivision to |
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which this Act applies [and that has a fire department that does not
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consist exclusively of volunteers], the fire fighters' retirement |
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system is governed by a board of trustees consisting of: |
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(1) the mayor of the municipality or the mayor's |
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designated representative or the chief operating officer of the |
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political subdivision or the chief operating officer's designated |
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representative, as applicable; |
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(2) the chief financial officer of the municipality or |
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other political subdivision or, if there is no officer denominated |
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as chief financial officer, the person who performs the duties of |
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chief financial officer or a person designated by the chief |
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financial officer or by the person performing the duties of chief |
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financial officer; |
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(3) three members of the retirement system elected by |
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participating members as provided by Subsection (b) of this |
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section; and |
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(4) two persons who reside in this state in the |
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municipality or other political subdivision or within the |
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extraterritorial jurisdiction of the municipality, who are not |
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officers or employees of the municipality or other political |
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subdivision, and who are elected by a majority vote of the members |
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of the board of trustees determined as provided by Subdivisions |
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(1), (2), and (3) of this subsection. |
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SECTION 6. Section 31(b), Texas Local Fire Fighters |
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Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is |
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amended to read as follows: |
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(b) The board of trustees of a retirement system for a fire |
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department consisting partly of employees and partly of volunteers |
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may transfer assets actuarially attributable to the volunteers from |
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the retirement system under this Act to the Texas Emergency |
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Services Retirement System under Subtitle H, Title 8, Government |
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Code [statewide program provided by the Texas Statewide Volunteer
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Fire Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
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Statutes)], if the board obtains approval as provided by Section 7 |
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of this Act provided 51 percent of the volunteers first petition the |
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board for such change. |
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SECTION 7. Sections 3(b) and (d), 20, and 31(a) and (c), |
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Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's |
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Texas Civil Statutes), are repealed. |
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SECTION 8. (a) As soon as practicable after the effective |
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date of this Act, but not later than September 1, 2013, the office |
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of the fire fighters' pension commissioner and the state board of |
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the Texas Emergency Services Retirement System established under |
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Section 865.001, Government Code, shall enter into a memorandum of |
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understanding regarding the implementation of this Act. |
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(b) Effective January 1, 2014: |
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(1) a retirement system or trust fund established by a |
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municipality or other political subdivision under Section 4, Texas |
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Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas |
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Civil Statutes), and in existence immediately before January 1, |
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2014, that has a fire department consisting exclusively of |
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volunteers is abolished; |
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(2) the assets and obligations of a retirement system |
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or trust fund abolished under Subdivision (1) of this subsection |
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are transferred, as appropriate, to the Texas Emergency Services |
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Retirement System and Texas emergency services retirement fund, as |
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appropriate; |
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(3) members, retirees, or other beneficiaries of a |
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retirement system abolished under Subdivision (1) of this |
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subsection shall transfer to and become members, retirees, or other |
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beneficiaries, as appropriate, of the Texas Emergency Services |
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Retirement System; and |
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(4) the appropriate powers, duties, obligations, and |
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rights of action of a board of trustees of a retirement system |
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established under Section 20, Texas Local Fire Fighters Retirement |
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Act (Article 6243e, Vernon's Texas Civil Statutes), as that section |
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existed before the effective date of this Act, and abolished under |
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Subdivision (1) of this subsection are transferred, as appropriate, |
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to: |
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(A) the office of the fire fighters' pension |
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commissioner; or |
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(B) the state board of the Texas Emergency |
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Services Retirement System established under Section 865.001, |
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Government Code. |
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(c) In connection with the transfers required by Subsection |
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(b) of this section, the appropriate records or other property |
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relating to a retirement system or trust fund abolished under that |
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subsection are transferred, as appropriate, to: |
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(1) the office of the fire fighters' pension |
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commissioner; or |
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(2) the state board of the Texas Emergency Services |
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Retirement System established under Section 865.001, Government |
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Code. |
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(d) A rule adopted by the office of the fire fighters' |
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pension commissioner in connection with or relating to retirement |
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systems or trust funds abolished under Subsection (b)(1) of this |
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section is repealed. |
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(e) The attorney general shall continue any proceeding |
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involving a retirement system or trust fund abolished under |
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Subsection (b)(1) of this section. |
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(f) Effective January 1, 2014, the unobligated and |
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unexpended balance of any appropriation to the fire fighters' |
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pension commissioner in connection with or relating to a retirement |
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system or trust fund abolished under Subsection (b)(1) of this |
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section for the state fiscal biennium ending August 31, 2013, is |
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transferred and reappropriated to the Texas Emergency Services |
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Retirement System and Texas emergency services retirement fund, as |
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appropriate. |
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SECTION 9. A member serving on a board of trustees |
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established under Section 20, Texas Local Fire Fighters Retirement |
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Act (Article 6243e, Vernon's Texas Civil Statutes), as that section |
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existed before the effective date of this Act, immediately before |
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September 1, 2013, shall continue to serve and function as a member |
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of the applicable local board established under Section 865.012, |
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Government Code, as amended by this Act, for the remainder of the |
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member's term. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |