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


Office of House Bill AnalysisC.S.H.B. 1569
By: Yarbrough
Pensions & Investments
3/9/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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 of the amount of the member's original benefit 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 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
Back-DROP is irrevocable, unless the member provides the firefighters'
relief and retirement fund (fund) written notification that the earliest
date the member chose is not permissible and 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 (SECTION 2). 

C.S.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.  The bill removes the provision that for a survivor
to receive the lump-sum payment the member's retirement or death occurs or
occurred after June 30, 1998 and that the member's survivor was eligible
instead of ineligible to receive service pension benefits or disability
benefits (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). 

C.S.H.B. 1569 authorizes 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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1569 differs from the original by removing the prohibition
limiting a member of a firefighters' retirement system to no more than 10
years participation in Back-DROP.  The substitute also removes provisions
in the original which specify that Back-DROP benefits are computed in the
same manner as DROP benefits, using the earlier date chosen by a member
(SECTION 2). 

The substitute removes criteria specifying that in order for a member to
receive a $5,000 lump-sum payment from the fund, a member's retirement must
occur or have occurred after June 30, 1998.  The substitute also removes
criteria specifying that in order for a member's survivor to receive a
lump-sum payment, the member's death must occur or have occurred after June
30, 1998, and provides that in order for the survivor to receive the
payment, the member must have been eligible rather than ineligible to
receive service pension or disability benefits at the time of death
(SECTION 4). 

C.S.H.B. 1569 differs from the original by authorizing rather than
requiring the Board of Trustees of the Firemen and Policemen Pension Fund
(board) to establish a proportional retirement benefits program.  The
substitute sets forth a method for determining proportional retirement
benefits for a member who has participated in the fund for less than 20
years rather than less than 10 years as set forth in the original (SECTION
6).