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A BILL TO BE ENTITLED
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AN ACT
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relating to the firefighters relief and retirement fund in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 6243e.2(1), Revised Statutes, |
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is amended by adding a new subsection (16-a) to read as follows: |
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(16-a) "Unused leave pay" means the accrued value of unused |
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leave time due to the employee at separation from service. |
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SECTION 2. Section 5, Article 6243e.2(1), Revised Statutes, |
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is amended by amending subsection (b) and adding a new subsection |
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(c-1) to read as follows: |
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(b) A member may elect to participate in the DROP by |
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complying with the election process established by the board. The |
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member's election may be made at any time beginning on the date the |
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member has completed 20 years of participation in the fund and is |
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otherwise eligible for a service pension under Section 4 of this |
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article. The election becomes effective on the first day of the |
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month following the month in which the board approves the member's |
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DROP election. Beginning on the effective date of the member's DROP |
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election, amounts equal to the deductions made from the member's |
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salary under Sections 13(c) and 13(e-1) of this article shall be |
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credited to the member's DROP account. A member may not participate |
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in the DROP for more than 10 years. If a DROP participant remains in |
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active service after the 10th anniversary of the effective date of |
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the member's DROP election, subsequent deductions from the member's |
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salary under Section 13(c) of this article may not be credited to |
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the member's DROP account and may not otherwise increase any |
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benefit payable from the fund for the member's service. |
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(c-1) Notwithstanding anything to the contrary in |
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Subsections (b) and (c) of this section, upon separation from |
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service, an amount equal to a DROP participant's entire unused |
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leave pay received as a contribution from the municipality by the |
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fund shall be credited to the DROP participant's DROP account in |
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accordance with Section 13(c) of this article. |
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SECTION 3. Section 13, Article 6243e.2(1), Revised |
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Statutes, is amended by amending subsections (c) and (d) and adding |
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a new subsection (e-1) to read as follows: |
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(c) Each member in active service shall make contributions |
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to the fund in an amount equal to 9 [8.35] percent of the member's |
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salary at the time of the contribution[, and as of July 1, 2004
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, in
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an amount equal to nine percent of the member's salary at the time
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of the contribution]. In addition, each DROP participant, as |
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identified by the fund to the municipality for purposes of this |
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section, shall make contributions to the fund in an amount equal to |
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100% of the DROP participant's unused leave pay, and the unused |
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leave pay amounts contributed as to DROP participants shall be |
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credited to the DROP accounts of such DROP participants. The |
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governing body of the municipality shall deduct the member's |
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contributions [from the member's salary] and shall forward the |
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contributions to the fund as soon as practicable. |
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(d) The municipality shall make contributions to the fund |
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once every two weeks in an amount equal to the product of the |
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contribution rate certified by the board and the aggregate salaries |
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paid to members of the fund during the period for which the |
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contribution is made. The board shall certify the municipality's |
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contribution rate for each year or portion of a year based on the |
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results of actuarial valuations made at least every three years. |
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The municipality's contribution rate shall be composed of the |
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normal cost plus the level percentage of salary payment required to |
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amortize the unfunded actuarial liability over a constant period of |
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30 years computed on the basis of an acceptable actuarial reserve |
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funding method approved by the board. Notwithstanding any other |
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provision of this article, the contributions by the municipality, |
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when added to any contributions with respect to a qualified |
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governmental excess benefit arrangement maintained in accordance |
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with Section 14(c) of this article, may not be less than twice the |
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amount paid into the fund by contributions of the members, without |
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regard to the member contributions of unused leave pay. |
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(e-1) Notwithstanding anything to the contrary in |
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Subsections (c) and (d) of this section, or in section 3(d) of this |
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article, as of the effective date of the Act adding this Subsection, |
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the following employee and employer contribution rates, other than |
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with regard to unused leave pay which shall be contributed in |
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accordance with Subsection (c), shall be placed in effect for the |
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fund's fiscal years 2016, 2017 and 2018 as indicated in the schedule |
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below: |
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Fiscal Year |
Employee (% of salary) |
Employer (% of payroll) |
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If the fund's fiscal year 2016 begins after the effective |
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date of the Act adding this subsection, the employee and employer |
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contribution percentages for fiscal year 2016 shall only be applied |
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as of the effective date of the Act. This subsection expires July 1, |
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2018. |
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SECTION 4. 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 August 31, 2015. |