HBA-MPM H.B. 1569 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1569
By: Yarbrough
Pensions & Investments
2/20/2001
Introduced



BACKGROUND AND PURPOSE 

Legislation passed in 1997 created law governing the firefighters' relief
and retirement fund for firefighters in cities having a population of at
least 1,600,000.  Due to the conservative management of the fund, the fund
has continually grown each year.  House Bill 1569 increases or enhances
benefits for firefighters or their survivors, and proposes the creation of
a proportional retirement benefits program to enable persons with service
in two or more participating systems to combine service credit to meet the
length of service requirements to obtain certain benefits. 

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. 

ANALYSIS

House Bill 1569 amends law regarding a firefighters' relief and retirement
fund in certain municipalities.   

The bill increases the total monthly benefit payable to a retired or
disabled member of a firefighters' retirement system (system), other than a
deferred retiree or active member participating in a deferred retirement
option plan (DROP), by $25 beginning with the monthly payment made for July
2000, and by $25 beginning with the monthly payment made for July 2001
(SECTION 1).   

The bill increases the monthly benefit of a DROP participant at retirement
by two percent for every full year of DROP participation.  The increase is
applied to the member's benefit at retirement and is not added to the
member's DROP account.  The bill provides that the total increase of the
monthly benefit may not exceed 20 percent for 10 years of participation in
the DROP by a member and increases the amount of time that a member may
participate in DROP from seven to ten years.  The bill modifies provisions
regarding payment of disability benefits to a member and to a member's
eligible survivors.  

The bill authorizes a DROP participant who was qualified to make a DROP
election before the actual date of the election to elect to have the DROP
account recomputed by participating in a Back-DROP, under which the
member's account balance is equal to an amount that the account would have
had if the member had elected to participate in the DROP on an earlier
date.  The bill specifies that Back-DROP benefits are computed in the same
manner as DROP benefits, using the earlier date chosen by the member.  The
bill prohibits a member from choosing a Back-DROP date earlier than three
years before the date the member elected to participate in the DROP, or
September 1, 1995.  The member's choice to participate in BackDROP is
irrevocable, unless the member provides the firefighters' relief and
retirement fund (fund) written notification the date the member chose is
not permissible, or if the fund's board of trustees (board) determines that
a member's illness or injury caused the member to be separated from service
earlier than anticipated.  The bill prohibits a member from participating
in the Back-DROP for more than 10 years (SECTION 2). 

H.B. 1569 modifies provisions regarding the payment of annual supplemental
benefits to certain retired  members and eligible survivors by the Board of
Trustees of the Firemen and Policemen Pension Fund (board).  The bill
increases the aggregate supplemental benefit amount to $5 million.
(SECTION 3).   

The bill increases from $4,000 to $5,000 the lump-sum payment made by the
board from the fund to retired members and member's survivors who meet the
eligibility criteria (SECTION 4). 

The bill modifies the conditions under which benefits, including survivor
benefits, are required to be increased by removing the provision that a
member have completed 30 or more years of participation and lowering the
age from 50 to 48 at which time these benefits may be received by a
disabled member, and makes this provision applicable when calculating
survivor benefits payable based on the service of a member who died in the
course of duty (SECTION 5). 

House Bill 1569 requires the board to establish a proportional retirement
benefits program (benefits program), if provisions governing a municipal
pension system are compatible with the provisions governing the fund.  The
bill sets forth the requirements to determine eligibility for a benefit by
an eligible member under the benefits program and for participation in the
benefits program.   

The bill authorizes the board to modify the benefits program only to make
the provisions compatible with those of a participating retirement system,
and prohibits the board from modifying the benefits program to provide a
new benefit.  If the board determines that the provisions governing a
participating retirement system are not compatible with those governing the
pension fund, the bill authorizes the board to terminate the benefits
program, and requires written notice to be provided to the executive
director of the participating retirement system before 30 days have
elapsed.  The bill authorizes the board to adopt rules and implement and
administer the benefits program (SECTION 6). 

EFFECTIVE DATE

September 1, 2001.  Provisions regarding the proportional retirement
benefits program take effect October 1, 2001.