By: Jackson S.B. No. 2009
A BILL TO BE ENTITLED
AN ACT
relating to service and disability retirement benefits and death
benefits for rescue specialists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 811.001, Government Code, is amended by
adding Subdivision (13-a) to read as follows:
(13-a) "Rescue specialist" means a member of the
retirement system who is employed by the adjutant general to
perform fire fighting duties and emergency operations on aircraft
and structures at a Texas National Guard installation.
SECTION 2. Section 814.104(b), Government Code, is amended
to read as follows:
(b) A member who is at least 55 years old and who has at
least 10 years of service credit as a commissioned peace officer
engaged in criminal law enforcement activities of the Department of
Public Safety, the Texas Alcoholic Beverage Commission, the Parks
and Wildlife Department, or the office of inspector general at the
Texas Youth Commission, [or] as a custodial officer, or as a rescue
specialist is eligible to retire and receive a service retirement
annuity.
SECTION 3. The heading to Section 814.107, Government Code,
is amended to read as follows:
Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE
OFFICERS AND RESCUE SPECIALISTS.
SECTION 4. Sections 814.107(a), (b), (c), (e), (f), and (g),
Government Code, are amended to read as follows:
(a) A member who has at least 20 years of service credit as a
law enforcement officer, [or] custodial officer, or rescue
specialist is eligible to retire regardless of age and receive a
standard service retirement annuity in an amount and to be funded as
provided by this section.
(b) The standard service retirement annuity payable for at
least 20 years of service credit as a law enforcement officer, [or]
custodial officer, or rescue specialist is an amount computed on
the basis of the member's average monthly compensation for the 36
highest months of compensation in the employee class, times the sum
of the percentage factor used in the computation of a standard
service retirement annuity under Section 814.105 plus .5 percent.
(c) The standard combined service retirement annuity that
is payable under this section is based on retirement on or after the
attainment of the normal retirement age, which for purposes of this
section is the earlier of either the age of 50 or the age at which
the sum of the member's age and amount of service credit in the
employee class equals the number 80. A law enforcement officer,
[or] custodial officer, or rescue specialist who retires before
attaining the normal retirement age is entitled to an annuity that
is actuarially reduced from the annuity available at the normal
retirement age to the law enforcement officer, [or] custodial
officer, or rescue specialist service credit annuity amount
available at the sum of the member's age and amount of employee
class service credit. The annuity is payable from the law
enforcement and custodial officer supplemental retirement fund.
(e) The amount payable from the law enforcement and
custodial officer supplemental retirement fund is reducible by the
amount paid from the trust fund established by Section 815.310 for
service as a law enforcement officer, [or] custodial officer, or
rescue specialist. The total combined amount of an annuity under
this section may not be less than the authorized benefit under
Subsection (b) subtracted by any amount necessary because of
selection of an optional annuity, because of retirement before the
normal retirement age, or as provided by Subsection (f).
(f) The standard combined service retirement annuity
payable for at least 20 years of service credit as a law enforcement
officer, [or] custodial officer, or rescue specialist may not
exceed 100 percent of the average compensation computed under
Subsection (b).
(g) For purposes of this section, service as a law
enforcement officer, [or] custodial officer, or rescue specialist
is creditable as provided by rule of the board of trustees or on a
month-to-month basis, whichever is greater.
SECTION 5. The heading to Section 814.207, Government Code
is amended to read as follows:
Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN
PEACE OFFICERS AND RESCUE SPECIALISTS.
SECTION 6. Sections 814.207(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) An annuity payable for an occupational disability
resulting from a risk to which law enforcement officers, [or]
custodial officers, or rescue specialists are exposed because of
the nature of law enforcement officer, [or] custodial officers, or
rescue specialists duties is payable under the same terms and
conditions that apply to other occupational disability retirement
annuities under this subtitle, except that the source and amount of
the annuity are as provided by this section.
(b) Except as provided by Subsection (c), an occupational
disability retirement annuity under this section is an amount, but
not more than 100 percent, computed on the basis of the officer's or
rescue specialist's average monthly compensation, times a
percentage derived by application of Section 814.107(b).
(c) A disability retirement annuity under this section is
not reducible because of age and may not be less than 50 percent of
the officer's or rescue specialist's average monthly compensation
regardless of the amount of service credited to the officer or
rescue specialist in the employee class.
(d) The portions of the annuity under this section payable
from the law enforcement and custodial officer supplemental
retirement fund are the amount remaining after deduction of any
amount payable under Section 814.206, except the portion of an
amount that exceeds the minimum payments provided by Section
814.206 (b) and that is made for service other than as a law
enforcement officer, [or] custodial officer, or rescue specialist
and any amount by which an annuity is increased under Subsection
(e).
SECTION 7. Section 814.305, Government Code, is amended to
read as follows:
Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT OR
CUSTODIAL OFFICER OR RESCUE SPECIALIST. If a member who has at
least 20 years of service credit as a law enforcement officer, [or]
custodial officer, or rescue specialist dies, the amount of the
death benefit annuity payable for the member's service as a law
enforcement officer, [or] custodial officer, or rescue specialist
is an amount computed and funded as provided by Section 814.107,
including any applicable reduction factors.
SECTION 8. Section 815.102(a), Government Code, is amended
to read as follows:
(a) Subject to the limitations of this subtitle, the board
of trustees may adopt rules for:
(1) eligibility of membership;
(2) the administration of the funds of the retirement
system;
(3) the program of supplemental benefits for law
enforcement officers, [and] custodial officers, and rescue
specialists;
(4) hearings on contested cases or disputed claims;
and
(5) the transaction of any other business of the
board.
SECTION 9. Section 815.317(b), Government Code, is amended
to read as follows:
(b) The retirement system may use money from the fund only
to pay supplemental retirement and death benefits to law
enforcement officers, [and] custodial officers, and rescue
specialists as provided by this subtitle and to pay for the
administration of the fund.
SECTION 10. Section 815.403(a), Government Code, is amended
to read as follows:
(a) During each fiscal year, the state shall contribute to
the retirement system:
(1) an amount equal to 7.4 percent of the total
compensation of all members of the retirement system for that year;
(2) money to pay lump-sum death benefits for retirees
under Section 814.501;
(3) an amount for the law enforcement and custodial
officer supplemental retirement fund equal to 2.13 percent of the
aggregate state compensation of all custodial officers, [and] law
enforcement officers, and rescue specialists for that year;
(4) money necessary for the administration of the law
enforcement and custodial officer supplemental retirement fund;
and
(5) money for service credit not previously
established, as provided by Section 813.202(c) or 813.302(d).
SECTION 11. Section 815.505, Government Code, is amended to
read as follows:
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT
OFFICERS, [AND] CUSTODIAL OFFICERS, AND RESCUE SPECIALISTS. Not
later than the 12th day of the month following the month in which a
person begins or ceases employment as a law enforcement officer,
[or] custodial officer, or rescue specialist, the Public Safety
Commission, the Texas Alcoholic Beverage Commission, the Parks and
Wildlife Commission, the office of inspector general at the Texas
Youth Commission, the Board of Pardons and Paroles, the adjutant
general's department, or the Texas Board of Criminal Justice, as
applicable, shall certify to the retirement system, in the manner
prescribed by the system, the name of the employee and such other
information as the system determines is necessary for the crediting
of service and financing of benefits under this subtitle.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.