HBA-SEB H.B. 3667 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3667
By: Burnam
Pensions and Investments
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, pension systems for municipal employees are regulated by either
state law or local city ordinance.  The governing body of a municipality,
rather than the pension board of trustees, regulates those pension plans
that are controlled exclusively by city ordinance.  H.B. 3667 places a
municipal pension plan under the control of a local pension board if the
municipality has a population of 400,000 or more.  It also establishes the
conditions that must be met in order for a board to make a change in the
pension system's administrative rules and regulations, including approval
by the governing body of the municipality in some cases.   

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.  DEFINITIONS.  (a)  Defines "administrative rules and
regulations" as the documents adopted by the governing body of a
municipality or public retirement system to which this Act applies and that
govern the participation in and  administration of contributions to and
benefits from the public retirement system.   

(b)  Defines "change in the administrative rules and regulations" to mean
an addition, amendment, repeal, partial deletion, or modification of
administrative rules and regulations.  

(c)  Provides that "public retirement system" has the meaning assigned by
Section 801.001, Government Code (a continuing, organized program of
service retirement, disability retirement, or death benefits for officers
or employees of the state or a political subdivision, or of an agency or
instrumentality of the state or a political subdivision). 

SECTION 2.  APPLICABILITY.  Provides that this Act applies only to
municipalities with a population of 400,000 or more in which a single
public retirement system has been established for employees of all
departments of the municipality. 

SECTION 3.  BOARD OF TRUSTEES.  Establishes that a public retirement system
to which this Act applies is administered by a board of trustees (board) as
provided by the administrative rules and regulations. 

SECTION 4.  POWERS AND DUTIES.  Requires the board to have the powers and
duties that are provided in the administrative rules and regulations and
that are not inconsistent with this Act. 

SECTION 5.  CHANGE IN ADMINISTRATIVE RULES AND REGULATIONS INVOLVING
MUNICIPAL CONTRIBUTIONS.  Authorizes a change in the administrative rules
and regulations that includes a change in the formula or factors for
determining contributions to or benefits from the public retirement system
to be made only in specific circumstances.  Authorizes a change if the
board, by a majority vote, places the change on the ballot of a special
election or of an election for employee trustees in which all participating
members of the public retirement system are eligible to vote, if a majority
of the voting participating members of the public retirement system votes
in favor  of the change by secret ballot at an election in which a majority
of participating members votes, if the governing body of the municipality
does not reject the change within a specific time frame, and if a qualified
actuary selected by the board performs an actuarial analysis of the change.
Sets forth the qualifications for a qualified actuary. 

SECTION 6.  OTHER CHANGES IN ADMINISTRATIVE RULES AND REGULATIONS.
Authorizes the administrative rules and regulations to be changed in any
manner, except as provided by SECTION 5, if the board approves the change
by a majority vote, the governing body of the municipality approves the
change, the change applies to all current and future participating members
of the retirement system, and the change does not deprive a vested member
of a right to receive benefits from the retirement system without the
member's written consent.  Establishes that for the purposes of this
section and SECTION 5, a participating member is a person making
contributions to the public retirement system on the date of election.
Provides that a change under this section or SECTION 5 applies to former
participating members who are either receiving or entitled to receive
benefits under the public retirement system only if that application is
specified in the proposed change. 

SECTION 7.  EFFECT OF AN ACT ON ADMINISTRATIVE RULES AND REGULATIONS.
Establishes that this Act supercedes the administrative rules and
regulations that conflict with this Act.  Requires the administrative rules
and regulations for a public retirement system to which this Act applies to
be the administrative rules and regulations in effect for the public
retirement system on _________, notwithstanding any change in such
administrative rules and regulations made after such date and before the
effective date of this Act. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.