1 | 1 | | 84R15322 SGA-D |
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2 | 2 | | By: Turner of Harris, Hernandez, Walle H.B. No. 2572 |
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3 | 3 | | Substitute the following for H.B. No. 2572: |
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4 | 4 | | By: Alonzo C.S.H.B. No. 2572 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the firefighters' relief and retirement fund in certain |
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10 | 10 | | municipalities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 1, Article 6243e.2(1), Revised Statutes, |
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13 | 13 | | is amended by adding Subdivision (16-a) to read as follows: |
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14 | 14 | | (16-a) "Unused leave pay" means the accrued value of |
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15 | 15 | | unused leave time payable to an employee after separation from |
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16 | 16 | | service in accordance with applicable law and agreements. |
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17 | 17 | | SECTION 2. Section 5, Article 6243e.2(1), Revised Statutes, |
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18 | 18 | | is amended by amending Subsection (b) and adding Subsection (b-1) |
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19 | 19 | | to read as follows: |
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20 | 20 | | (b) A member may elect to participate in the DROP by |
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21 | 21 | | complying with the election process established by the board. The |
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22 | 22 | | member's election may be made at any time beginning on the date the |
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23 | 23 | | member has completed 20 years of participation in the fund and is |
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24 | 24 | | otherwise eligible for a service pension under Section 4 of this |
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25 | 25 | | article. The election becomes effective on the first day of the |
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26 | 26 | | month following the month in which the board approves the member's |
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27 | 27 | | DROP election. Beginning on the effective date of the member's DROP |
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28 | 28 | | election, amounts equal to the deductions made from the member's |
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29 | 29 | | salary under Section 13(c) or 13(e-1) of this article, as |
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30 | 30 | | applicable, shall be credited to the member's DROP account. A |
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31 | 31 | | member may not participate in the DROP for more than 10 years. If a |
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32 | 32 | | DROP participant remains in active service after the 10th |
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33 | 33 | | anniversary of the effective date of the member's DROP election, |
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34 | 34 | | subsequent deductions from the member's salary under Section 13(c) |
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35 | 35 | | of this article, except for unused leave pay, may not be credited to |
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36 | 36 | | the member's DROP account and may not otherwise increase any |
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37 | 37 | | benefit payable from the fund for the member's service. |
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38 | 38 | | (b-1) For an employee who is a DROP participant and in |
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39 | 39 | | accordance with Section 13(c) of this article, the fund shall |
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40 | 40 | | credit to the employee's DROP account the amount of unused leave pay |
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41 | 41 | | that is due to the employee and received as a contribution to the |
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42 | 42 | | fund from the municipality. |
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43 | 43 | | SECTION 3. Section 13, Article 6243e.2(1), Revised |
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44 | 44 | | Statutes, is amended by amending Subsections (c) and (d) and adding |
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45 | 45 | | Subsections (e-1) and (e-2) to read as follows: |
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46 | 46 | | (c) Each member in active service shall make contributions |
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47 | 47 | | to the fund in an amount equal to nine [8.35] percent of the |
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48 | 48 | | member's salary at the time of the contribution[, and as of July 1, |
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49 | 49 | | 2004, in an amount equal to nine percent of the member's salary at |
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50 | 50 | | the time of the contribution]. In addition to contributing the |
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51 | 51 | | percentage of salary required by this subsection, each DROP |
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52 | 52 | | participant, as identified by the fund to the municipality for |
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53 | 53 | | purposes of this section, shall contribute to the fund an amount |
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54 | 54 | | equal to 100 percent of the DROP participant's unused leave pay as |
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55 | 55 | | it becomes payable to the employee. The fund shall credit any |
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56 | 56 | | unused leave pay amount contributed by a DROP participant to the |
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57 | 57 | | participant's DROP account. The governing body of the municipality |
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58 | 58 | | shall deduct each member's [the] contributions [from the member's |
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59 | 59 | | salary] and shall forward the contributions to the fund as soon as |
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60 | 60 | | practicable. |
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61 | 61 | | (d) The municipality shall make contributions to the fund |
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62 | 62 | | once every two weeks in an amount equal to the product of the |
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63 | 63 | | contribution rate certified by the board and the aggregate salaries |
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64 | 64 | | paid to members of the fund during the period for which the |
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65 | 65 | | contribution is made. The board shall certify the municipality's |
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66 | 66 | | contribution rate for each year or portion of a year based on the |
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67 | 67 | | results of actuarial valuations made at least every three years. |
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68 | 68 | | The municipality's contribution rate shall be composed of the |
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69 | 69 | | normal cost plus the level percentage of salary payment required to |
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70 | 70 | | amortize the unfunded actuarial liability over a constant period of |
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71 | 71 | | 30 years computed on the basis of an acceptable actuarial reserve |
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72 | 72 | | funding method approved by the board. Notwithstanding any other |
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73 | 73 | | provision of this article, the contributions by the municipality, |
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74 | 74 | | when added to any contributions with respect to a qualified |
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75 | 75 | | governmental excess benefit arrangement maintained in accordance |
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76 | 76 | | with Section 14(c) of this article, may not be less than twice the |
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77 | 77 | | amount paid into the fund by contributions of the members, not |
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78 | 78 | | including member contributions of unused leave pay. |
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79 | 79 | | (e-1) Except as provided by Subsection (e-2) of this section |
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80 | 80 | | and notwithstanding contribution provisions under Subsection (c) |
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81 | 81 | | or (d) of this section or Section 3(d) of this article, and not |
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82 | 82 | | including any contributions of unused leave pay, the employee and |
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83 | 83 | | employer contribution rates that are in effect for the fund's |
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84 | 84 | | fiscal years 2016, 2017, and 2018 are as follows: |
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85 | 85 | | Fiscal Year Employee (% of salary) Employer (% of payroll) Fiscal Year Employee (% of salary) Employer (% of payroll) |
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86 | 86 | | Fiscal Year Employee (% of salary) Employer (% of payroll) |
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87 | 87 | | 2016 12% 25.8% 2016 12% 25.8% |
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88 | 88 | | 2016 12% 25.8% |
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89 | 89 | | 2017 12% 24% 2017 12% 24% |
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90 | 90 | | 2017 12% 24% |
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91 | 91 | | 2018 12% 24% 2018 12% 24% |
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92 | 92 | | 2018 12% 24% |
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93 | 93 | | (e-2) If the effective date of the Act enacting Subsection |
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94 | 94 | | (e-1) of this section is on or before July 1, 2015, the employee and |
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95 | 95 | | employer contribution percentages under Subsection (e-1) for |
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96 | 96 | | fiscal year 2016 apply only to contributions made on or after the |
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97 | 97 | | first day of that fiscal year. If the effective date of the Act |
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98 | 98 | | enacting Subsection (e-1) of this section is later than July 1, |
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99 | 99 | | 2015, the employee and employer contribution percentages under that |
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100 | 100 | | subsection for fiscal year 2016 apply only to contributions made on |
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101 | 101 | | or after the effective date of the Act. Subsection (e-1) of this |
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102 | 102 | | section and this subsection expire July 1, 2018. |
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103 | 103 | | SECTION 4. This Act takes effect immediately if it receives |
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104 | 104 | | a vote of two-thirds of all the members elected to each house, as |
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105 | 105 | | provided by Section 39, Article III, Texas Constitution. If the Act |
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106 | 106 | | does not receive the vote necessary for immediate effect, this Act |
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107 | 107 | | takes effect September 1, 2015. |
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108 | 108 | | |
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109 | 109 | | Fiscal Year Employee (% of salary) Employer (% of payroll) |
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110 | 110 | | |
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111 | 111 | | 2016 12% 25.8% |
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112 | 112 | | |
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113 | 113 | | 2017 12% 24% |
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114 | 114 | | |
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115 | 115 | | 2018 12% 24% |
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