HBA-SEB H.B. 1697 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1697
By: Greenberg
Pensions and Investments
7/9/1999
Enrolled



BACKGROUND AND PURPOSE 

Municipalities with populations between 460,000 and 500,000 have retirement
systems in place for the employees of those municipalities.  H.B. 1697
modifies the statutes governing those retirement systems by providing
disability benefits for off-the-job injuries or illness after five years of
service, amending the rights of members participating in the proportionate
retirement program, providing additional opportunities for voting members
to fill a vacancy on the retirement system's board of trustees,
establishing lump-sum distributions to retirees without affecting base
annuities, increasing the benefit multiplier from 2.6 to 2.7, and allowing
additional benefit improvements contingent on increased contributions and
actuarial soundness. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Article 6243n, V.T.C.S. (Chapter 451, Acts of
the 72nd Legislature, Regular Session, 1991), to redefine "agency of the
municipality," "beneficiary," "creditable service," "current service
annuity," "designated beneficiary," "employer," "Fund No. 2," "investment
manager," "malfeasance," "normal retirement age," "normal retirement date,"
"prior service pension," "regular full-time employee," "retired member,"
"retirement allowance," "retirement system," "retirement system,"
"retirement and pensioning system," "pension system," and "system." 

SECTION 2.  Amends Section 3, Article 6243n, V.T.C.S. (Chapter 451, Acts of
the 72nd Legislature, Regular Session, 1991), to require members of the a
retirement system created by this Act for a city having a population of
460,000 to 500,000 (retirement system) who retired and the beneficiaries of
members who died prior to October 1, 1999, rather than September 1, 1997,
to continue to receive the same retirement allowances or benefits that they
were entitled to receive prior to that date, together with any benefit
increases, rather than cost of living adjustments, authorized under this
Act.  Makes conforming changes. 

SECTION 3.  Amends Section 4, Article 6243n, V.T.C.S. (Chapter 451, Acts of
the 72nd Legislature, Regular Session, 1991), as follows: 

Sec. 4.  ADMINISTRATION.  (a)  Provides that the retirement board of the
retirement system (retirement board) has the power and responsibility for
the proper and effective general administration, management, and operation
of the retirement system for the exclusive benefit of its present and
future members and their beneficiaries.  Deletes existing text requiring
the retirement board to be organized immediately after its members have
qualified and taken the oath of office.    

(b)  Sets forth the composition of the retirement board.  Deletes existing
text authorizing the removal and replacement or redesignation of the place
one member of the 11 retirement board members by the city council of a
municipality (governing body) at any time.   
 
(c)  Requires the retirement board to appoint an active-contributory member
to fill a vacancy on the retirement board for a member in the sixth through
ninth places whose term on the retirement board is eliminated early if the
remainder of the unexpired term is 364 days or fewer and, if 365 days or
more, to fill the vacancy by a vote of the activecontributory members at a
special election.  Requires the retirement board to appoint a retired
member of the retirement system (retired member) to fill the remainder of
an unexpired term in the 10th or 11th place on the retirement board if the
unexpired term is 364 days or fewer and, if 365 days or more, to fill the
vacancy by voting at a special election.   

(d)  Makes a conforming change.

(e)  Redesignated from Subsection (d)(1).  Requires only one
active-contributory member to be eligible for election from any one
department or office or similar organizational unit that is established in
the annual budget of a city or municipality (employer) and that is not a
part of any other department.  Makes a conforming change.   

(f)  Redesignated from Subsection (d)(2).  

(g)  Redesignated from Subsection (d)(3).  Deletes text regarding elections
for place ten.  
(h)  Redesignated from Subsection (d)(4)(A).  

(i)  Redesignated from Subsection (d)(4)(B).  

(j)  Redesignated from Subsection (d)(5).  

(k)  Redesignated from Subsection (d)(6).  Requires elections for places
six through nine on the retirement board to be held in December of
odd-numbered years and elections for places ten and eleven to be held in
December of every second even-numbered year.  Makes conforming changes. 

(l)  Redesignated from Subsection (d)(7).  

(m)  Redesignated from Subsection (d)(8).  Requires the retirement board to
approve written procedures that include comprehensive provisions
prescribing the conduct of the election and early voting.     

(n)  Redesignated from Subsection (e).  Requires each member of the
retirement board to take an oath of office within 30 days after appointment
or election.  Makes conforming changes.   

(o)  Redesignated from Subsection (f).  Requires the retirement board to
elect a presiding officer and an assistant presiding officer, rather than a
chairman and a vice chairman, from its membership for one calendar year
terms. 

(p)  Redesignated from Subsection (g).  Requires the retirement board to
hire a pension director, rather than a pension officer, as an employee of
the retirement board.  Requires the retirement board to establish,
consistent with this Act, the title and duties of the pension director.
Requires the pension director to employ a staff of the retirement system,
rather than a staff of the retirement board.  Makes conforming changes.   

(q)  Redesignated from Subsection (h).  Requires the retirement board to
establish rules and regulations for the administration of the funds
authorized to be created hereunder and for the transaction of the
retirement system's business, rather than the retirement board's business,
subject to this Act.  Makes a nonsubstantive change. 

(r)  Redesignated from Subsection (i)(1).  Requires each employer to
provide to the  retirement board the records that are useful for the
board's administration of the retirement system or the fund containing the
aggregate of the assets of the members' contributions and the city's
contributions (fund).   

(s)  Redesignated from Subsection (i)(2).  

(t)  Redesignated from Subsection (i)(3).  Requires the retirement board to
order payments from the fund in accordance with this Act.  Authorizes the
retirement board to increase the benefits and allowances to be paid from
the fund in accordance with this Act and to increase the benefits and
allowances the board pays from the fund under Subsection 10(g) (regarding
obtaining an actuarial study to show that the proposed change will not make
the fund financially unsound).  Requires the retirement board to collect
all underpayments and refund all known overpayments made to the system, if
practicable.  Makes conforming changes.   

(u)  Redesignated from Subsection (i)(4).  Requires the retirement board to
keep a record of the names and amounts paid to retired members, surviving
spouses, and beneficiaries. Provides that a certified public accounting
firm selected by the retirement board performs an annual independent audit
of the system accounts.  

(v)  Redesignated from Subsection (i)(5).

(w)  Redesignated from Subsection (i)(6).  

(x)  Redesignated from Subsection (i)(7).  Makes a nonsubstantive change.

(y)  Redesignated from Subsection (i)(8).  

(z)  Redesignated from Subsection (j).  Makes a nonsubstantive change.

(aa)  Redesignated from Subsection (k).  Authorizes the retirement board to
adopt rules, establish policies, regulations, and procedures that the
retirement board considers necessary or advisable to carry out this Act.
Makes conforming and nonsubstantive changes. 

(bb)  Requires the provisions of this Act to be construed and administered
in a manner that will allow the retirement system's benefit plan to be a
qualified plan under  Section 401(a) of the United States Internal Revenue
Code of 1986 (Code) (Qualified Pension, Profit-Sharing, and Stock Bonus
Plans).  Authorizes the retirement board to adopt rules that modify the
plan to the extent necessary for the retirement system to be a qualified
plan.  Requires the retirement board to adopt rules to ensure that benefits
paid to a retired member or beneficiary do not exceed the limits
established by Section 415 of the Code (Limitations on Benefits and
Contribution under Qualified Plans).  Establishes that rules adopted by the
retirement board are a part of the plan.  Authorizes the retirement board
to adopt rules that establish a separate qualified excess benefit
arrangement as defined in 26 U.S.C. Section 415 to provide any benefits
that would have been provided under the qualified plan except for the
limits in that section. 

(cc)  Redesignated from Subsection (l).

(dd)  Redesignated from Subsection (m).  Authorizes the retirement board to
remove a retirement board member from office for malfeasance by a vote of
six retirement board members or more at any time after notice and hearing. 

SECTION 4.  Amends Section 5, Article 6243n, V.T.C.S. (Chapter 451, Acts of
the 72nd Legislature, Regular Session, 1991), to provide that members of
the retirement system who belong to the inactive-noncontributory group
consists of all members whose status as an employee has been terminated
before retirement or disability retirement but who are still entitled to or
who may become entitled to or whose beneficiary may become entitled to
benefits.  Deletes existing text regarding the  time frame in which an
employee becomes an active-contributory member of the retirement system.
Makes conforming and nonsubstantive changes. 

SECTION 5.  Amends Sections 6(c), (d), and (e), Article 6243n, V.T.C.S.
(Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991), as
follows: 

(c)  Establishes the types of uniformed service that is required to be
credited in the retirement system. Authorizes a member to use uniformed
service to establish creditable service for an authorized leave of absence
for military service under certain conditions.  Authorizes a member to
establish the credit by making periodic payments or a lump-sum payment.
Sets forth the procedure for making periodic payments or a lump-sum
payment.  Prohibits a member's lump sum contribution from exceeding the
amount required under the Uniformed Services Employment and Reemployment
Rights  Act of 1994, as amended, if the member makes the contributions
within the time required by that Act.  Requires the member's employer to
make contributions as though the member had continued employment at the
same salary as the member's last pay period.  Requires the employer's
contributions to be made each pay period if the member is making periodic
payments.  Provides that a member accrues membership service for the pay
periods in which the member makes a deposit, and that membership service
credit accrues at the time of credit.  Authorizes a member to establish
uniformed creditable service for specific active federal duty service for
which the member must contribute a lump-sum equal to 25 percent of the
estimated cost of the retirement benefits the member will be entitled to
receive.  Provides that the retirement board will determine the required
contribution based on a specific procedure.  Makes conforming changes.  

(d)  Authorizes the employer of a member to purchase additional creditable
service for the member that is required to be credited to the member.
Deletes existing text regarding a member's qualification for unreduced
retirement benefits at age 55. 

(e)  Makes a nonsubstantive change.

SECTION 6.  Amends Section 7, Article 6243n, V.T.C.S. (Chapter 451, Acts of
the 72nd Legislature, Regular Session, 1991), as follows: 

Sec. 7.  New title:  SERVICE RETIREMENT AND WITHDRAWAL BENEFITS.  (a)
Entitles a member to a distribution of the member's accumulated deposits in
a single lump sum if the member's employment terminates before the member's
normal retirement date, unless Section 8 of this Act applies.  Deletes
existing text regarding the entitlement of a member to withdraw deposits
after 20 years of service on attaining age 55.  Makes a conforming change. 

(b)  Provides that unless a member is eligible and participates in the
proportionate retirement program, the member is not entitled to receive a
retirement allowance if the member terminates employment with the employer
and has less than five years of creditable service. 

(c)  Makes a nonsubstantive change.

(d)  Redesignated from Subsection (d)(1).  Authorizes the retirement board
to authorize once each December a cost of living adjustment (adjustment) or
a lump-sum additional benefit payment that shall be paid to each retired
member or beneficiary who became entitled to benefits on or before December
31 of the year before the year in which the additional payment is approved.

(e)  Makes conforming and nonsubstantive changes.

(f)  Redesignated from Subsection (d)(2).  Makes conforming changes.

(g)  Redesignated from Subsection (d)(2)(A).  Makes conforming and
nonsubstantive  changes.   
(h)  Redesignated from Subsection (d)(2)(B).  Makes conforming changes.

(i)  Redesignated from Subsection (d)(2)(C).  Prohibits the amount of an
adjustment or additional payment from exceeding an amount equal to the
amount of the monthly payment being received by a member before the
addition of any adjustment made during that year if the payment is an
additional payment.  Requires the adjustment or additional payment to be
prorated for members who retired during the year in which the adjustment or
additional payment is authorized.  Makes conforming changes. 

(j)  Redesignated from Subsection (d)(3).  Makes a conforming change.

(k)  Redesignated from Subsection (e).  Requires any member to be eligible
for proportionate retirement if the member qualifies for retirement by
reason of creditable service attained with one or more retirement programs
participating in the proportionate retirement program established by state
law.  Requires a member who qualifies for proportionate retirement and
retirees to begin receiving the retirement benefits beginning on the last
day of the month after the month in which the member retired.  Deletes
existing text regarding early retirement. 

(l)  Redesignated from Subsection (f).  Deletes existing text establishing
Option V (Level Income Option) and Option VI (66-2/3 Percent Joint and
Survivor/Level Income Option). Redesignates Subdivisions (7) and (8) to (5)
and (6), respectively.  Redesignates Option VII to Option V (15-Year
Certain and Life Annuity) and Option VIII to Option VI (Equivalent Benefit
Plan). 

(m)  Redesignated from Subsection (g)(1).  Makes conforming changes.

(n)  Redesignated from Subsection (g)(2).  

(o)  Redesignated from Subsection (h).  Makes a conforming change.

(p)  Redesignated from Subsection (i).
  
(q)  Redesignated from Subsection (j).  

(r)  Redesignated from Subsection (k)(1).  Requires a member's accumulated
deposits to be returned to the member or the member's beneficiary within
seven years after termination of employment by a member with less than five
years of creditable service if a designation of intent to participate in
proportionate retirement has not been filed with the retirement system or a
prior demand for withdrawal of accumulated deposits has not been made.
Makes conforming changes.     

(s)  Redesignated from Subsection (k)(2).  Redesignates Subsections
(k)(2)(A)-(D) to Subsections (s)(1)-(4).   

(t)  Redesignated from Subsection (k)(3).  

(u)  Requires a member's account to be reinstated and credited, but not
refunded, and requires the member to receive a proportionate retirement
allowance if the member's accumulated deposits are not withdrawn and the
member gives intent to participate in proportionate retirement.  Entitles
the member to receive a proportionate retirement allowance.   

(v)  Requires the retirement board to consider the system's records and
evidence presented by a member or beneficiary in determining if any payment
is due if a demand for withdrawal of funds is made after the 10th
anniversary of the date of termination of employment and system records do
not affirmatively establish that the accumulated deposits remain in the
fund.  Establishes that the member or beneficiary bears the burden  of
proof.  Provides that a decision made by the retirement board is final.

(w)  Redesignated from Subsection (l).

(x)  Redesignated from Subsection (m).  

(y)  Redesignated from Subsection (y).

(z)  Requires the reduced annuity of a retired member who elected the
optional lifetime retirement annuity to be increased to the standard
service retirement annuity that the retired member would have been entitled
to receive if the retired member had not selected Option I (100 Percent
Joint and Survivor Annuity), Option II (50 Percent Joint and Survivor
Annuity), or Option III (66-2/3 Percent Joint and Survivor Annuity) and if
a person who is designated by in writing by the member under Option I, II,
or III predeceases the retired member.  Requires the standard service
retirement annuity to be adjusted as appropriate for early retirement and
for the postretirement increases in retirement benefits.  Provides that an
increase in the annuity is payable to the retired member for the remainder
of the retired member's life.  Sets forth the beginning date for an
increase in the annuity.       

(aa)  Redesignated from Subsection (o).

(bb)  Redesignated from Subsection (o)(1).

(cc)  Redesignated from Subsection (o)(2).

(dd)  Redesignated from Subsection (o)(3).

(ee)  Redesignated from Subsection (o)(4).

(ff)  Redesignated from Subsection (o)(5).

(gg)  Redesignated from Subsection (o)(6).

(hh)  Redesignated from Subsection (p).

SECTION 7 .  Amends Sections 8(a) and (d)-(i), Article 6243n, V.T.C.S.
(Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991), as
follows: 

(a)  Requires a member to remain in one of the following categories for 90
days following termination of employment for inability to perform all
employment duties:  activecontributory member, inactive-contributory
member, or member on approved medical leave of absence. 

(d)  Authorizes a member who has more than five, rather than ten, years of
creditable service and who is eligible for disability retirement to apply
for disability retirement if the member has become mentally or physically
incapacitated for the performance of all employment duties.  Makes a
nonsubstantive change. 

(e)  Deletes a provision which requires a disability retirement allowance
to be computed without reduction for early retirement.  Makes conforming
changes. 

(f)  Requires a member receiving a disability retirement allowance to
periodically file a report with the retirement board concerning continued
proof of disability.  Requires the retirement board to adopt rules
establishing the required supporting information to accompany the reports,
the content of the reports, and deadlines for filing the reports.  Requires
the report to include a current statement of the member's physical or
mental condition stating existence of continuing disability, signed by the
member's attending physician. 

 (g)  Provides that the retirement board establishes the time frame in
which a disabled member is required to submit the periodic report under
Subsection (f).  Authorizes the retirement board to require that all
periodic reports, including the member's most recent tax return, be filed
in the same calendar month.  Authorizes the retirement board to verify all
information submitted in the report.  Makes conforming changes. 

(h)  Provides that the pension director will be responsible for a yearly
report to the retirement board listing those disabled members who should be
examined.  Requires the retirement board to have the right to order
examinations of any person on disability retirement once each year until
the member reaches the normal retirement date, rather than age 62.
Requires the disability retirement allowance to discontinue if a member
refuses or fails to submit to any examination by a physician appointed by
the retirement board.  Provides that the discontinuance of the allowance
remains in place until the member has submitted to any examinations
requested by the retirement board and has submitted the periodic report.
Makes conforming changes. 

(i)  Entitles a member to a life annuity if the member has five, rather
than 10, or more years of creditable service and does not withdraw the
excess.  Makes conforming and nonsubstantive changes. 

SECTION 8.  Amends Sections 9(a), (b), and (p), Article 6243n, V.T.C.S.
(Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991), as
follows: 

(a)  Prohibits the annual benefit provided to any member from exceeding the
benefits allowed for a plan qualified under Section 415 of the Code, rather
than $90,000, notwithstanding any other provisions of this Act.   

(b)  Deletes existing text regarding adjustments to and limitations on the
maximum benefit permitted.  Makes conforming changes. 

(p)  Requires a retired member's retirement allowance to be suspended if
the retired member is employed by an employer for at least six months in
any 12 consecutive calendar months and works, is budgeted, or is
compensated for more than 29 hours in a calendar week. Makes conforming and
nonsubstantive changes.  

SECTION 9.  Amends Section 10, Article 6243n, V.T.C.S. (Chapter 451, Acts
of the 72nd Legislature, Regular Session, 1991), by amending Subsections
(a) and (d) and adding Subsection (g), as follows: 

(a)  Requires each active-contributory member to make deposits to the
retirement system at a rate equal to seven percent of the member's base
compensation, pay, or salary, exclusive of overtime, incentive, or terminal
pay, or at a higher contribution rate approved by a majority vote of
regular full-time employee members.  Requires deposits to be made each pay
period by payroll deduction.  Requires a member who chooses to be an
inactivecontributory member and is eligible for that status to make
deposits to the retirement system each pay period in an amount that is
equal to the amount of the member's deposit for the last complete pay
period that the member was a regular full-time employee.  Authorizes the
regular full-time employee members to increase each member's contributions
above seven percent or above the higher rate in effect and approved by a
majority vote.   

(d)  Requires expenses for administration and operation of the retirement
system that are approved by the retirement board to include annual audits
by independent certified public accountants.   

(g)  Authorizes the retirement board to provide additional member benefits,
reduce the requirements for unreduced retirement benefits, or increase any
retirement allowance or other benefit under this Act, notwithstanding any
other provision of this Act, if the retirement board obtains an actuarial
study indicating that a proposed change will not make the fund financially
unsound and the proposed change is not inconsistent with the Code.  
 
SECTION 10.  Amends Section 11(e), Article 6243n, V.T.C.S. (Chapter 451,
Acts of the 72nd Legislature, Regular Session, 1991), to make a
nonsubstantive change.   

SECTION 11.  Amends Sections 12(d) and (e), Article 6243n, V.T.C.S.
(Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991), as
follows: 

(d)  Prohibits a municipality or its governing body from denying or
abridging a vested right of any member or a right or privilege of the
retirement system.  Requires the retirement system to continue to be
authorized by and administer this Act without regard to any action taken by
the municipality or its governing body.  Provides that this subsection
applies notwithstanding any other provision of this Act.  Deletes existing
text regarding a highly compensated employee.   

(e)  Redesignates Subdivisions (1)-(4) to Subdivisions (1)(A)-(D).  Makes a
conforming change. 

SECTION 12.  Amends Sections 13(a) and (c), Article 6243n, V.T.C.S.
(Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991), to make
conforming changes. 

SECTION 13.  Provides that a retirement allowance being paid to a member
who retired before October 1, 1999, or the beneficiary of a member, is
changed beginning with the payments due at the end of October 1999.
Establishes that this change is made to reflect the change in the benefit
multiplier to 2.7 percent effective October 1, 1999.  Specifies that the
amount of the change for a member or a beneficiary of a member is equal to
the percentage multiplied by the retirement allowance otherwise due.
Provides that the percentage is equal to 3.85 percent. 

SECTION 14.  Repealers:  Section 2(24) (definition of "hospital authority)
and Sections 9(c)-(o) (regarding a $90,000 maximum benefit), Article 6243n,
V.T.C.S. (Chapter 451, Acts of the 72nd Legislature, Regular Session,
1991). 

SECTION 15.  Effective date:  October 1, 1999.

SECTION 16.  Emergency clause.