Texas 2015 - 84th Regular

Texas House Bill HB2572 Compare Versions

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11 84R15322 SGA-D
22 By: Turner of Harris, Hernandez, Walle H.B. No. 2572
33 Substitute the following for H.B. No. 2572:
44 By: Alonzo C.S.H.B. No. 2572
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the firefighters' relief and retirement fund in certain
1010 municipalities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 1, Article 6243e.2(1), Revised Statutes,
1313 is amended by adding Subdivision (16-a) to read as follows:
1414 (16-a) "Unused leave pay" means the accrued value of
1515 unused leave time payable to an employee after separation from
1616 service in accordance with applicable law and agreements.
1717 SECTION 2. Section 5, Article 6243e.2(1), Revised Statutes,
1818 is amended by amending Subsection (b) and adding Subsection (b-1)
1919 to read as follows:
2020 (b) A member may elect to participate in the DROP by
2121 complying with the election process established by the board. The
2222 member's election may be made at any time beginning on the date the
2323 member has completed 20 years of participation in the fund and is
2424 otherwise eligible for a service pension under Section 4 of this
2525 article. The election becomes effective on the first day of the
2626 month following the month in which the board approves the member's
2727 DROP election. Beginning on the effective date of the member's DROP
2828 election, amounts equal to the deductions made from the member's
2929 salary under Section 13(c) or 13(e-1) of this article, as
3030 applicable, shall be credited to the member's DROP account. A
3131 member may not participate in the DROP for more than 10 years. If a
3232 DROP participant remains in active service after the 10th
3333 anniversary of the effective date of the member's DROP election,
3434 subsequent deductions from the member's salary under Section 13(c)
3535 of this article, except for unused leave pay, may not be credited to
3636 the member's DROP account and may not otherwise increase any
3737 benefit payable from the fund for the member's service.
3838 (b-1) For an employee who is a DROP participant and in
3939 accordance with Section 13(c) of this article, the fund shall
4040 credit to the employee's DROP account the amount of unused leave pay
4141 that is due to the employee and received as a contribution to the
4242 fund from the municipality.
4343 SECTION 3. Section 13, Article 6243e.2(1), Revised
4444 Statutes, is amended by amending Subsections (c) and (d) and adding
4545 Subsections (e-1) and (e-2) to read as follows:
4646 (c) Each member in active service shall make contributions
4747 to the fund in an amount equal to nine [8.35] percent of the
4848 member's salary at the time of the contribution[, and as of July 1,
4949 2004, in an amount equal to nine percent of the member's salary at
5050 the time of the contribution]. In addition to contributing the
5151 percentage of salary required by this subsection, each DROP
5252 participant, as identified by the fund to the municipality for
5353 purposes of this section, shall contribute to the fund an amount
5454 equal to 100 percent of the DROP participant's unused leave pay as
5555 it becomes payable to the employee. The fund shall credit any
5656 unused leave pay amount contributed by a DROP participant to the
5757 participant's DROP account. The governing body of the municipality
5858 shall deduct each member's [the] contributions [from the member's
5959 salary] and shall forward the contributions to the fund as soon as
6060 practicable.
6161 (d) The municipality shall make contributions to the fund
6262 once every two weeks in an amount equal to the product of the
6363 contribution rate certified by the board and the aggregate salaries
6464 paid to members of the fund during the period for which the
6565 contribution is made. The board shall certify the municipality's
6666 contribution rate for each year or portion of a year based on the
6767 results of actuarial valuations made at least every three years.
6868 The municipality's contribution rate shall be composed of the
6969 normal cost plus the level percentage of salary payment required to
7070 amortize the unfunded actuarial liability over a constant period of
7171 30 years computed on the basis of an acceptable actuarial reserve
7272 funding method approved by the board. Notwithstanding any other
7373 provision of this article, the contributions by the municipality,
7474 when added to any contributions with respect to a qualified
7575 governmental excess benefit arrangement maintained in accordance
7676 with Section 14(c) of this article, may not be less than twice the
7777 amount paid into the fund by contributions of the members, not
7878 including member contributions of unused leave pay.
7979 (e-1) Except as provided by Subsection (e-2) of this section
8080 and notwithstanding contribution provisions under Subsection (c)
8181 or (d) of this section or Section 3(d) of this article, and not
8282 including any contributions of unused leave pay, the employee and
8383 employer contribution rates that are in effect for the fund's
8484 fiscal years 2016, 2017, and 2018 are as follows:
8585 Fiscal Year Employee (% of salary) Employer (% of payroll) Fiscal Year Employee (% of salary) Employer (% of payroll)
8686 Fiscal Year Employee (% of salary) Employer (% of payroll)
8787 2016 12% 25.8% 2016 12% 25.8%
8888 2016 12% 25.8%
8989 2017 12% 24% 2017 12% 24%
9090 2017 12% 24%
9191 2018 12% 24% 2018 12% 24%
9292 2018 12% 24%
9393 (e-2) If the effective date of the Act enacting Subsection
9494 (e-1) of this section is on or before July 1, 2015, the employee and
9595 employer contribution percentages under Subsection (e-1) for
9696 fiscal year 2016 apply only to contributions made on or after the
9797 first day of that fiscal year. If the effective date of the Act
9898 enacting Subsection (e-1) of this section is later than July 1,
9999 2015, the employee and employer contribution percentages under that
100100 subsection for fiscal year 2016 apply only to contributions made on
101101 or after the effective date of the Act. Subsection (e-1) of this
102102 section and this subsection expire July 1, 2018.
103103 SECTION 4. This Act takes effect immediately if it receives
104104 a vote of two-thirds of all the members elected to each house, as
105105 provided by Section 39, Article III, Texas Constitution. If the Act
106106 does not receive the vote necessary for immediate effect, this Act
107107 takes effect September 1, 2015.
108108
109109 Fiscal Year Employee (% of salary) Employer (% of payroll)
110110
111111 2016 12% 25.8%
112112
113113 2017 12% 24%
114114
115115 2018 12% 24%