ACTUARIAL EFFECTS
HB 1359 would make intentionally removing, relocating, or altering a monument or memorial a criminal offense, and would also add a section to the Government Code allowing a court order to make certain employees and annuitants of public retirement systems ineligible for full service retirement annuity or suspend making full annuity payments on receipt by the retirement system of the notice and terms of the person's conviction. The retirement system shall restore all service credit accrued or resume making full annuity payments if the person is subsequently found to be not guilty of the offense.

The benefits could only decrease under the proposed legislation, and the changes in the bill would decrease the cost of the plan, but would have no material impact on any of the affected retirement systems. The Pension Review Board  believes the bill could potentially impact public retirement systems; however, it would not have a material impact on any retirement system.

SYNOPSIS OF PROVISIONS
HB 1359 would add Section 2166.5012 to the Texas Government Code, to make intentionally removing, relocating, or altering a monument or memorial a criminal offense, punishable by a fine in an amount ranging from $50 to $1000, and confinement in jail for a term not less than three days and not to exceed one year.

The bill would also add Section 802.004, Texas Government Code, which would apply only to a person who is a member or annuitant of a public retirement system, and:

(1) either holds or has held an elective or appointed office included in the coverage of that public retirement system, or

(2) is employed or has been employed in a position included in the coverage of that public retirement system.

The proposed section would require a retirement system based on a court order to reduce accrued service credit or suspend making full annuity payments to a person convicted of a certain offence described in the bill on receipt by the retirement system of the notice and terms of the person's conviction. The retirement system shall resume making full annuity payments or restore service credit accrued before conviction if the person is subsequently found to be not guilty of the offense, or meets the requirements for innocence under the Civil Practice and Remedies Code.

The bill would take effect September 1, 2017.