By: Turner of Harris H.B. No. 2572
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the firefighters relief and retirement fund in certain
  municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1, Article 6243e.2(1), Revised Statutes,
  is amended by adding a new subsection (16-a) to read as follows:
         (16-a)  "Unused leave pay" means the accrued value of unused
  leave time due to the employee at separation from service.
         SECTION 2.  Section 5, Article 6243e.2(1), Revised Statutes,
  is amended by amending subsection (b) and adding a new subsection
  (c-1) to read as follows:
         (b)  A member may elect to participate in the DROP by
  complying with the election process established by the board. The
  member's election may be made at any time beginning on the date the
  member has completed 20 years of participation in the fund and is
  otherwise eligible for a service pension under Section 4 of this
  article. The election becomes effective on the first day of the
  month following the month in which the board approves the member's
  DROP election. Beginning on the effective date of the member's DROP
  election, amounts equal to the deductions made from the member's
  salary under Sections 13(c) and 13(e-1) of this article shall be
  credited to the member's DROP account. A member may not participate
  in the DROP for more than 10 years. If a DROP participant remains in
  active service after the 10th anniversary of the effective date of
  the member's DROP election, subsequent deductions from the member's
  salary under Section 13(c) of this article may not be credited to
  the member's DROP account and may not otherwise increase any
  benefit payable from the fund for the member's service.
         (c-1)  Notwithstanding anything to the contrary in
  Subsections (b) and (c) of this section, upon separation from
  service, an amount equal to a DROP participant's entire unused
  leave pay received as a contribution from the municipality by the
  fund shall be credited to the DROP participant's DROP account in
  accordance with Section 13(c) of this article.
         SECTION 3.  Section 13, Article 6243e.2(1), Revised
  Statutes, is amended by amending subsections (c) and (d) and adding
  a new subsection (e-1) to read as follows:
         (c)  Each member in active service shall make contributions
  to the fund in an amount equal to 9 [8.35] percent of the member's
  salary at the time of the contribution[, and as of July 1, 2004
  , in
  an amount equal to nine percent of the member's salary at the time
  of the contribution]. In addition, each DROP participant, as
  identified by the fund to the municipality for purposes of this
  section, shall make contributions to the fund in an amount equal to
  100% of the DROP participant's unused leave pay, and the unused
  leave pay amounts contributed as to DROP participants shall be
  credited to the DROP accounts of such DROP participants. The
  governing body of the municipality shall deduct the member's
  contributions [from the member's salary] and shall forward the
  contributions to the fund as soon as practicable.
         (d)  The municipality shall make contributions to the fund
  once every two weeks in an amount equal to the product of the
  contribution rate certified by the board and the aggregate salaries
  paid to members of the fund during the period for which the
  contribution is made. The board shall certify the municipality's
  contribution rate for each year or portion of a year based on the
  results of actuarial valuations made at least every three years.
  The municipality's contribution rate shall be composed of the
  normal cost plus the level percentage of salary payment required to
  amortize the unfunded actuarial liability over a constant period of
  30 years computed on the basis of an acceptable actuarial reserve
  funding method approved by the board. Notwithstanding any other
  provision of this article, the contributions by the municipality,
  when added to any contributions with respect to a qualified
  governmental excess benefit arrangement maintained in accordance
  with Section 14(c) of this article, may not be less than twice the
  amount paid into the fund by contributions of the members, without
  regard to the member contributions of unused leave pay.
         (e-1)  Notwithstanding anything to the contrary in
  Subsections (c) and (d) of this section, or in section 3(d) of this
  article, as of the effective date of the Act adding this Subsection,
  the following employee and employer contribution rates, other than
  with regard to unused leave pay which shall be contributed in
  accordance with Subsection (c), shall be placed in effect for the
  fund's fiscal years 2016, 2017 and 2018 as indicated in the schedule
  below:
 
Fiscal Year Employee (% of salary) Employer (% of payroll)
 
2016 12% 25.8%
 
2017 12% 24.0%
 
2018 12% 24.0%
         If the fund's fiscal year 2016 begins after the effective
  date of the Act adding this subsection, the employee and employer
  contribution percentages for fiscal year 2016 shall only be applied
  as of the effective date of the Act. This subsection expires July 1,
  2018.
         SECTION 4.  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 August 31, 2015.