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A BILL TO BE ENTITLED
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AN ACT
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relating to certain death benefits for certain public safety |
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officers under public retirement systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 810, Government Code, is amended by |
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adding Section 810.007 to read as follows: |
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Sec. 810.007. LUMP-SUM DEATH BENEFIT FOR PUBLIC SAFETY |
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OFFICERS. (a) In this section: |
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(1) "Firefighter" means a full-time paid employee of a |
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fire department who performs one or more of the duties described by |
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Section 143.003(4)(A), Local Government Code. |
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(2) "Governing body of a public retirement system" and |
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"public retirement system" have the meanings assigned by Section |
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802.001. |
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(3) "Peace officer" has the meaning assigned by |
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Section 1701.001, Occupations Code. |
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(4) "Public safety officer" means a peace officer or |
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firefighter. |
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(b) Notwithstanding any other law, the governing body of a |
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public retirement system by rule may provide a death benefit in the |
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event of the death of an active member of the system who is a public |
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safety officer and who dies as the direct and proximate result of a |
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personal injury associated with a single event and sustained in the |
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performance of a member's employment duties as a public safety |
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officer. |
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(c) The death benefit under Subsection (b) is payable in a |
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lump sum not to exceed $1,000,000 to the member's surviving spouse, |
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or if the member has no surviving spouse, to the member's surviving |
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children. If the member has no surviving spouse or surviving |
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children at the time of the member's death, the benefit is payable |
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to the member's estate. If a member has more than one surviving |
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child who is entitled to the benefit, the benefit must be split |
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equally between each of the member's surviving children. |
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(d) The rule adopted under Subsection (b) must: |
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(1) require the governing body of a public retirement |
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system to ensure, after consulting with the system's actuary, that |
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payment of the death benefit would not threaten the actuarial |
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soundness of the system; and |
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(2) prohibit the system from paying the benefit if |
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paying the benefit would threaten the actuarial soundness of the |
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system. |
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(e) If the public retirement system does not employ an |
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actuary, the system may contract with an actuary for purposes of |
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Subsection (d). |
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(f) If the governing body of a public retirement system |
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adopts a death benefit under Subsection (b), the governing body |
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shall revise the system's plan documents as necessary to ensure |
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that the system's benefit plan remains a qualified plan under |
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Section 401(a), Internal Revenue Code of 1986. |
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SECTION 2. Section 810.007, Government Code, as added by |
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this Act, applies only to a death occurring on or after the |
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effective date of this Act. |
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SECTION 3. 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 September 1, 2025. |