Texas 2009 - 81st Regular

Texas Senate Bill SB2009 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Jackson S.B. No. 2009
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to service and disability retirement benefits and death
7	7	benefits for rescue specialists.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 811.001, Government Code, is amended by
10	10	adding Subdivision (13-a) to read as follows:
11	11	(13-a) "Rescue specialist" means a member of the
12	12	retirement system who is employed by the adjutant general to
13	13	perform fire fighting duties and emergency operations on aircraft
14	14	and structures at a Texas National Guard installation.
15	15	SECTION 2. Section 814.104(b), Government Code, is amended
16	16	to read as follows:
17	17	(b) A member who is at least 55 years old and who has at
18	18	least 10 years of service credit as a commissioned peace officer
19	19	engaged in criminal law enforcement activities of the Department of
20	20	Public Safety, the Texas Alcoholic Beverage Commission, the Parks
21	21	and Wildlife Department, or the office of inspector general at the
22	22	Texas Youth Commission, [or] as a custodial officer, or as a rescue
23	23	specialist is eligible to retire and receive a service retirement
24	24	annuity.
25	25	SECTION 3. The heading to Section 814.107, Government Code,
26	26	is amended to read as follows:
27	27	Sec. 814.107. SERVICE RETIREMENT BENEFITS FOR CERTAIN PEACE
28	28	OFFICERS AND RESCUE SPECIALISTS.
29	29	SECTION 4. Sections 814.107(a), (b), (c), (e), (f), and (g),
30	30	Government Code, are amended to read as follows:
31	31	(a) A member who has at least 20 years of service credit as a
32	32	law enforcement officer, [or] custodial officer, or rescue
33	33	specialist is eligible to retire regardless of age and receive a
34	34	standard service retirement annuity in an amount and to be funded as
35	35	provided by this section.
36	36	(b) The standard service retirement annuity payable for at
37	37	least 20 years of service credit as a law enforcement officer, [or]
38	38	custodial officer, or rescue specialist is an amount computed on
39	39	the basis of the member's average monthly compensation for the 36
40	40	highest months of compensation in the employee class, times the sum
41	41	of the percentage factor used in the computation of a standard
42	42	service retirement annuity under Section 814.105 plus .5 percent.
43	43	(c) The standard combined service retirement annuity that
44	44	is payable under this section is based on retirement on or after the
45	45	attainment of the normal retirement age, which for purposes of this
46	46	section is the earlier of either the age of 50 or the age at which
47	47	the sum of the member's age and amount of service credit in the
48	48	employee class equals the number 80. A law enforcement officer,
49	49	[or] custodial officer, or rescue specialist who retires before
50	50	attaining the normal retirement age is entitled to an annuity that
51	51	is actuarially reduced from the annuity available at the normal
52	52	retirement age to the law enforcement officer, [or] custodial
53	53	officer, or rescue specialist service credit annuity amount
54	54	available at the sum of the member's age and amount of employee
55	55	class service credit. The annuity is payable from the law
56	56	enforcement and custodial officer supplemental retirement fund.
57	57	(e) The amount payable from the law enforcement and
58	58	custodial officer supplemental retirement fund is reducible by the
59	59	amount paid from the trust fund established by Section 815.310 for
60	60	service as a law enforcement officer, [or] custodial officer, or
61	61	rescue specialist. The total combined amount of an annuity under
62	62	this section may not be less than the authorized benefit under
63	63	Subsection (b) subtracted by any amount necessary because of
64	64	selection of an optional annuity, because of retirement before the
65	65	normal retirement age, or as provided by Subsection (f).
66	66	(f) The standard combined service retirement annuity
67	67	payable for at least 20 years of service credit as a law enforcement
68	68	officer, [or] custodial officer, or rescue specialist may not
69	69	exceed 100 percent of the average compensation computed under
70	70	Subsection (b).
71	71	(g) For purposes of this section, service as a law
72	72	enforcement officer, [or] custodial officer, or rescue specialist
73	73	is creditable as provided by rule of the board of trustees or on a
74	74	month-to-month basis, whichever is greater.
75	75	SECTION 5. The heading to Section 814.207, Government Code
76	76	is amended to read as follows:
77	77	Sec. 814.207. DISABILITY RETIREMENT BENEFITS FOR CERTAIN
78	78	PEACE OFFICERS AND RESCUE SPECIALISTS.
79	79	SECTION 6. Sections 814.207(a), (b), (c), and (d),
80	80	Government Code, are amended to read as follows:
81	81	(a) An annuity payable for an occupational disability
82	82	resulting from a risk to which law enforcement officers, [or]
83	83	custodial officers, or rescue specialists are exposed because of
84	84	the nature of law enforcement officer, [or] custodial officers, or
85	85	rescue specialists duties is payable under the same terms and
86	86	conditions that apply to other occupational disability retirement
87	87	annuities under this subtitle, except that the source and amount of
88	88	the annuity are as provided by this section.
89	89	(b) Except as provided by Subsection (c), an occupational
90	90	disability retirement annuity under this section is an amount, but
91	91	not more than 100 percent, computed on the basis of the officer's or
92	92	rescue specialist's average monthly compensation, times a
93	93	percentage derived by application of Section 814.107(b).
94	94	(c) A disability retirement annuity under this section is
95	95	not reducible because of age and may not be less than 50 percent of
96	96	the officer's or rescue specialist's average monthly compensation
97	97	regardless of the amount of service credited to the officer or
98	98	rescue specialist in the employee class.
99	99	(d) The portions of the annuity under this section payable
100	100	from the law enforcement and custodial officer supplemental
101	101	retirement fund are the amount remaining after deduction of any
102	102	amount payable under Section 814.206, except the portion of an
103	103	amount that exceeds the minimum payments provided by Section
104	104	814.206 (b) and that is made for service other than as a law
105	105	enforcement officer, [or] custodial officer, or rescue specialist
106	106	and any amount by which an annuity is increased under Subsection
107	107	(e).
108	108	SECTION 7. Section 814.305, Government Code, is amended to
109	109	read as follows:
110	110	Sec. 814.305. ANNUITY FOR SURVIVOR OF LAW ENFORCEMENT OR
111	111	CUSTODIAL OFFICER OR RESCUE SPECIALIST. If a member who has at
112	112	least 20 years of service credit as a law enforcement officer, [or]
113	113	custodial officer, or rescue specialist dies, the amount of the
114	114	death benefit annuity payable for the member's service as a law
115	115	enforcement officer, [or] custodial officer, or rescue specialist
116	116	is an amount computed and funded as provided by Section 814.107,
117	117	including any applicable reduction factors.
118	118	SECTION 8. Section 815.102(a), Government Code, is amended
119	119	to read as follows:
120	120	(a) Subject to the limitations of this subtitle, the board
121	121	of trustees may adopt rules for:
122	122	(1) eligibility of membership;
123	123	(2) the administration of the funds of the retirement
124	124	system;
125	125	(3) the program of supplemental benefits for law
126	126	enforcement officers, [and] custodial officers, and rescue
127	127	specialists;
128	128	(4) hearings on contested cases or disputed claims;
129	129	and
130	130	(5) the transaction of any other business of the
131	131	board.
132	132	SECTION 9. Section 815.317(b), Government Code, is amended
133	133	to read as follows:
134	134	(b) The retirement system may use money from the fund only
135	135	to pay supplemental retirement and death benefits to law
136	136	enforcement officers, [and] custodial officers, and rescue
137	137	specialists as provided by this subtitle and to pay for the
138	138	administration of the fund.
139	139	SECTION 10. Section 815.403(a), Government Code, is amended
140	140	to read as follows:
141	141	(a) During each fiscal year, the state shall contribute to
142	142	the retirement system:
143	143	(1) an amount equal to 7.4 percent of the total
144	144	compensation of all members of the retirement system for that year;
145	145	(2) money to pay lump-sum death benefits for retirees
146	146	under Section 814.501;
147	147	(3) an amount for the law enforcement and custodial
148	148	officer supplemental retirement fund equal to 2.13 percent of the
149	149	aggregate state compensation of all custodial officers, [and] law
150	150	enforcement officers, and rescue specialists for that year;
151	151	(4) money necessary for the administration of the law
152	152	enforcement and custodial officer supplemental retirement fund;
153	153	and
154	154	(5) money for service credit not previously
155	155	established, as provided by Section 813.202(c) or 813.302(d).
156	156	SECTION 11. Section 815.505, Government Code, is amended to
157	157	read as follows:
158	158	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT
159	159	OFFICERS, [AND] CUSTODIAL OFFICERS, AND RESCUE SPECIALISTS. Not
160	160	later than the 12th day of the month following the month in which a
161	161	person begins or ceases employment as a law enforcement officer,
162	162	[or] custodial officer, or rescue specialist, the Public Safety
163	163	Commission, the Texas Alcoholic Beverage Commission, the Parks and
164	164	Wildlife Commission, the office of inspector general at the Texas
165	165	Youth Commission, the Board of Pardons and Paroles, the adjutant
166	166	general's department, or the Texas Board of Criminal Justice, as
167	167	applicable, shall certify to the retirement system, in the manner
168	168	prescribed by the system, the name of the employee and such other
169	169	information as the system determines is necessary for the crediting
170	170	of service and financing of benefits under this subtitle.
171	171	SECTION 12. This Act takes effect immediately if it
172	172	receives a vote of two-thirds of all the members elected to each
173	173	house, as provided by Section 39, Article III, Texas Constitution.
174	174	If this Act does not receive the vote necessary for immediate
175	175	effect, this Act takes effect September 1, 2009.