HBA-SEB S.B. 1664 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1664 By: Shapleigh Pensions and Investments 4/30/1999 Engrossed BACKGROUND AND PURPOSE Currently, in cities with populations of 500,000 to 600,000, an individual who is transferred involuntarily from a position that does not participate in a retirement program for firefighters and police officers to a position that does participate in such a program may not elect to remain with the individual's original pension fund. As a result, some employees may lose time or credit within a retirement program fund. S.B. 1664 authorizes a firefighter or police officer in a city of that size to make a one-time election to continue membership in a proportionate retirement program if the person is involuntarily transferred. 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 803.0021, Government Code, to provide that Sections 803.101(g) and 803.102(b) apply only to a retirement system existing under Article 6243b, V.T.C.S (Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000). SECTION 2. Amends Section 803.101, Government Code, by adding Subsection (g), to provide that the approval of the participants in a retirement system is not required if making an election to participate in a proportionate retirement program. SECTION 3. Amends Section 803.102, Government Code, to add a new Subsection (b) to authorize a person to make a one-time election to continue membership in a retirement system under this chapter if the change in employment status making the person eligible for membership in another retirement system is an involuntary transfer. Provides that an election must be made at the time of the involuntary transfer. Authorizes an election to continue membership to be made notwithstanding any provision to the contrary under Article 6243b, V.T.C.S., or under a city charter or ordinance or otherwise. Redesignates Subsection (c) to (d). SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.