Texas 2015 - 84th Regular

Texas House Bill HB3349 Compare Versions

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1	1	84R12610 TSR-F
2	2	By: Rodriguez of Bexar H.B. No. 3349
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the retirement system in certain municipalities for
8	8	firefighters and police officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 1.02(7) and (17), Chapter 824 (S.B.
11	11	817), Acts of the 73rd Legislature, Regular Session, 1993 (Article
12	12	6243o, Vernon's Texas Civil Statutes), are amended to read as
13	13	follows:
14	14	(7) "Dependent child" means:
15	15	(A) a person who is less than 18 years of age and
16	16	is a child of a deceased member or deceased retiree; or
17	17	(B) a person:
18	18	(i) who is at least 18 years of age;
19	19	(ii) who is mentally or physically disabled
20	20	to the extent that the person is not capable of being
21	21	self-supporting; and
22	22	(iii) whose natural or adoptive parent is a
23	23	deceased member or deceased retiree [, provided that, for the year
24	24	immediately preceding the death of the member or retiree, the
25	25	deceased member or retiree claimed the person as a dependent on the
26	26	member's or retiree's federal income tax return].
27	27	(17) "Total salary" means all salary of a member:
28	28	(A) including:
29	29	(i) amounts picked up by the municipality
30	30	under Section 4.04(b) of this Act; and
31	31	(ii) amounts that would be included in
32	32	salary but for an election under Section 125(d), 132(f)(4), 401(k),
33	33	402(e)(3), 402(h)(1)(B), or 457(b) of the code; and
34	34	(B) excluding [, except]:
35	35	(i) [(A)] overtime pay, field training
36	36	officer's pay, bomb squad pay, SWAT team pay, K-9 pay, and hostage
37	37	team pay; and
38	38	(ii) [(B)] pay for unused accrued vacation
39	39	and sick leave, holiday pay, compensatory time pay, and bonus days
40	40	leave, or any similar items of compensation that may be paid in the
41	41	future.
42	42	SECTION 2. Section 4.02(a), Chapter 824 (S.B. 817), Acts of
43	43	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
44	44	Vernon's Texas Civil Statutes), is amended to read as follows:
45	45	(a) If a member takes unpaid leave as provided by the
46	46	federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601
47	47	et seq.), that member is entitled to make voluntary contributions
48	48	for the leave period in the same amount as the member would have
49	49	paid if the member had not taken the leave. Those payments must be
50	50	made not later than the 30th day after the date the member returns
51	51	from that leave. A computation of contributions under this section
52	52	shall be made in the same manner as other computations under this
53	53	Act. A municipality to which this Act applies shall pay to the fund
54	54	an amount equal to the amount the municipality would have paid under
55	55	Section 4.05(a) of this Act if the contributions made by the member
56	56	under this section had been made by the member under Section 4.04(a)
57	57	of this Act. The payment shall be made by the municipality not
58	58	later than the 30th day after the date of notification by the fund
59	59	that the member has made the contributions under this section
60	60	[match an amount equal to twice the amount of each payment a member
61	61	makes to the fund under this subsection].
62	62	SECTION 3. Section 4.03, Chapter 824 (S.B. 817), Acts of the
63	63	73rd Legislature, Regular Session, 1993 (Article 6243o, Vernon's
64	64	Texas Civil Statutes), is amended by amending Subsection (h) and
65	65	adding Subsection (i) to read as follows:
66	66	(h) A municipality to which this Act applies shall pay to
67	67	the fund an amount equal to the amount the municipality would have
68	68	paid under Section 4.05(a) of this Act if the contributions made by
69	69	the member under this section had been made by the member under
70	70	Section 4.04(a) of this Act. The payment shall be made by the
71	71	municipality not later than the 30th day after the date of
72	72	notification by the fund that the member has made the contributions
73	73	under this section [double-match payments made to the fund under
74	74	this section].
75	75	(i) In the case of a member of the fund who dies while
76	76	performing qualified military service as defined by Section 414(u)
77	77	of the code, the survivors of the member are entitled to any
78	78	additional benefits, other than benefit accruals relating to the
79	79	period of qualified military service, that would have been provided
80	80	if the member had returned to active service and then immediately
81	81	died.
82	82	SECTION 4. Sections 4.05(a), (b), and (d), Chapter 824
83	83	(S.B. 817), Acts of the 73rd Legislature, Regular Session, 1993
84	84	(Article 6243o, Vernon's Texas Civil Statutes), are amended to read
85	85	as follows:
86	86	(a) Except as provided by Subsection (a-1) of this section,
87	87	a municipality to which this Act applies shall pay into the fund:
88	88	(1) an amount equal to double the sum total of all
89	89	member contributions made in accordance with Section 4.04 of this
90	90	Act for full pay periods ending before October 1, 2015; and
91	91	(2) an amount equal to 23.25 percent of the total
92	92	salary of each fire fighter and police officer in the employment of
93	93	the municipality for full pay periods ending after September 30,
94	94	2015.
95	95	(b) The payments into the fund by the municipality, both as
96	96	to deductions and payments under Subsection (a) of this section
97	97	[double-matching amounts], shall be made on the same day the
98	98	contributions are deducted from the members' total salary.
99	99	(d) The municipality's payments to the fund
100	100	[double-matching amount] under this section are [is] in place of
101	101	all other payments previously required by law to be made by the
102	102	municipality.
103	103	SECTION 5. Section 5.01, Chapter 824 (S.B. 817), Acts of the
104	104	73rd Legislature, Regular Session, 1993 (Article 6243o, Vernon's
105	105	Texas Civil Statutes), is amended by adding Subsection (f-2) and
106	106	amending Subsection (g) to read as follows:
107	107	(f-2) The board shall compute the retirement annuity of a
108	108	member who retires after September 30, 2015, at the rate of 2.375
109	109	percent of the member's average total salary for each of the first
110	110	20 years of service, plus five percent of the member's average total
111	111	salary for each of the next seven years of service, plus 2.5 percent
112	112	of the member's average total salary for the next year of service,
113	113	plus 0.5 percent of the member's average total salary for each of
114	114	the next five years of service, with fractional years of service
115	115	prorated based on full months served as a contributing member. In
116	116	making the computation for a year, the year is considered to begin
117	117	on the first day a contribution is made. A retirement annuity under
118	118	this subsection may not exceed, as of the date of retirement, 87.5
119	119	percent of the member's average total salary.
120	120	(g) A member may not receive an award from the fund for
121	121	service retirement until the member has at least 20 years of service
122	122	in the fire or police department and has also contributed the
123	123	required amount of money for at least 20 years. In determining the
124	124	number of years of service in a department, the member shall be
125	125	given full credit for the period the member was an active member
126	126	plus the time the member was actively engaged in service with any
127	127	uniformed service in accordance with Section 4.03 of this Act and
128	128	for absences taken under the Family and Medical Leave Act of 1993
129	129	(29 U.S.C. Section 2601 et seq.), in accordance with Section 4.02 of
130	130	this Act. Disciplinary suspensions of 15 days or less may not be
131	131	subtracted from a member's service credit under this Act if the
132	132	member has paid into the fund, within 30 days after the later of the
133	133	termination date of each suspension or the exhaustion of any appeal
134	134	with respect to the suspension, a sum of money equal to the amount
135	135	of money that would have been deducted from that person's salary
136	136	during that period of suspension if it had not been for that
137	137	suspension. A municipality to which this Act applies shall pay to
138	138	the fund an amount equal to the amount the municipality would have
139	139	paid under Section 4.05(a) of this Act if the contributions made by
140	140	the member under this section had been made by the member under
141	141	Section 4.04(a) of this Act. The payment shall be made by the
142	142	municipality not later than the 30th day after the date of
143	143	notification by the fund that the member has made the contributions
144	144	under this section [double-match a payment made under this
145	145	subsection]. Members of the fund at the time of their retirement
146	146	shall also receive service credit for all unused sick leave
147	147	accumulated by them under Chapter 143, Local Government Code, but
148	148	only to the extent the unused sick leave exceeds 90 days. Service
149	149	credit for unused sick leave shall be prorated based on each full
150	150	month of sick leave. A member's service credit under this section
151	151	includes any service credit purchased in accordance with
152	152	Subsections (k)-(m) of this section.
153	153	SECTION 6. Sections 5.015(d) and (e), Chapter 824 (S.B.
154	154	817), Acts of the 73rd Legislature, Regular Session, 1993 (Article
155	155	6243o, Vernon's Texas Civil Statutes), are amended to read as
156	156	follows:
157	157	(d) The amount of a lump-sum payment to which a member
158	158	making a Back DROP election is entitled shall be computed in the
159	159	manner provided by this subsection and Subsection (d-1) of this
160	160	section. The member's retirement annuity shall be computed in the
161	161	manner provided by Section 5.01 of this Act, except that the amount
162	162	of service credit and average total salary used in making that
163	163	computation shall be determined in accordance with this
164	164	subsection. For purposes of this subsection, the member's average
165	165	total salary shall be computed based on the member's Back DROP
166	166	retirement date, which is the member's actual retirement date less
167	167	the amount of time the member elects under Subsection (b)(1) of this
168	168	section. For purposes of this subsection, the member's service
169	169	credit shall be the member's service credit determined in
170	170	accordance with Section 5.01(g) of this Act less the amount of time
171	171	for:
172	172	(1) any service credit in excess of 33 [34] years of
173	173	service, other than service credit for sick leave unused on the date
174	174	of actual retirement;
175	175	(2) any service credit given for sick leave unused on
176	176	the date of actual retirement; and
177	177	(3) any service credit in excess of 20 years but not in
178	178	excess of the amount permitted under Subsection (b)(1) of this
179	179	section that the member elects for computing the amount of the
180	180	lump-sum payment.
181	181	(e) For purposes of computing the monthly pension of a
182	182	member making a Back DROP election, the member's retirement annuity
183	183	shall be computed in the manner provided by Section 5.01 of this
184	184	Act, except that:
185	185	(1) the amount of service credit used in making that
186	186	computation shall be the member's service credit determined in
187	187	accordance with Section 5.01(g) of this Act less:
188	188	(A) the amount of time the member elects under
189	189	Subsection (b)(1) of this section; and
190	190	(B) any service credit in excess of 33 [34] years
191	191	of service excluding any service credit for sick leave unused on the
192	192	date of actual retirement; and
193	193	(2) the member's average total salary shall be
194	194	computed as if the member's retirement date were the member's actual
195	195	retirement date less the amount of time the member elects under
196	196	Subsection (b)(1) of this section.
197	197	SECTION 7. Section 5.03(c), Chapter 824 (S.B. 817), Acts of
198	198	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
199	199	Vernon's Texas Civil Statutes), is amended to read as follows:
200	200	(c) Except as provided by Subsection (d) of this section, a
201	201	member of the fund who is on suspension and who becomes disabled as
202	202	a result of an injury sustained or disease contracted while the
203	203	member is on suspension is eligible for a disability retirement
204	204	annuity under Subsection (a) or (a-1) of this section, as
205	205	applicable, if the suspended member makes up each deducted
206	206	contribution lost by reason of the suspension not later than the
207	207	30th day after the later of the termination date of the suspension
208	208	or the exhaustion of any appeal with respect to the suspension. A
209	209	municipality to which this Act applies shall pay to the fund an
210	210	amount equal to the amount the municipality would have paid under
211	211	Section 4.05(a) of this Act if the contributions made by the member
212	212	under this section had been made by the member under Section 4.04(a)
213	213	of this Act. The payment shall be made by the municipality not
214	214	later than the 30th day after the date of notification by the fund
215	215	that the member has made the contributions under this section
216	216	[double-match all contributions made by a member under this
217	217	subsection].
218	218	SECTION 8. Section 5.04(a), Chapter 824 (S.B. 817), Acts of
219	219	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
220	220	Vernon's Texas Civil Statutes), is amended to read as follows:
221	221	(a) A member who is eligible to retire and receive a
222	222	disability retirement annuity under Section 5.03(a) of this Act is
223	223	entitled to receive an annuity from the fund equal to:
224	224	(1) 50 percent of the member's average total salary if
225	225	the date of retirement is on or before September 30, 2015, or 47.5
226	226	percent of the member's average total salary if the date of
227	227	retirement is after September 30, 2015, if the member has served
228	228	three years or more before the date of retirement;
229	229	(2) 50 percent of the member's average monthly salary
230	230	as of the date of retirement multiplied by 12 if the date of
231	231	retirement is on or before September 30, 2015, or 47.5 percent of
232	232	the member's average monthly salary as of the date of retirement
233	233	multiplied by 12 if the date of retirement is after September 30,
234	234	2015, if the member has served at least two months and less than
235	235	three years before the date of retirement; or
236	236	(3) 50 percent of the member's average daily salary as
237	237	of the date of retirement multiplied by 360 if the date of
238	238	retirement is on or before September 30, 2015, or 47.5 percent of
239	239	the member's average daily salary as of the date of retirement if
240	240	the date of retirement is after September 30, 2015, if the member
241	241	has served less than two months before the date of retirement.
242	242	SECTION 9. Section 5.05(c), Chapter 824 (S.B. 817), Acts of
243	243	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
244	244	Vernon's Texas Civil Statutes), is amended to read as follows:
245	245	(c) For those retired because of disability on or after
246	246	August 30, 1971, the disability retirement annuity may not be
247	247	reduced to an amount that is less than the product of:
248	248	(1) 2.375 [2.25] percent multiplied by the number of
249	249	years that the retiree served in the department and contributed a
250	250	portion of salary as a member of the fund multiplied by the
251	251	retiree's average total salary, if the retiree served three years
252	252	or more before the date of retirement;
253	253	(2) 2.375 [2.25] percent multiplied by the number of
254	254	years that the retiree served in the department and contributed a
255	255	portion of salary as a member of the fund multiplied by the
256	256	retiree's average monthly salary as of the date of retirement
257	257	multiplied by 12, if the retiree served at least two months and less
258	258	than three years before the date of retirement; or
259	259	(3) 2.375 [2.25] percent multiplied by the number of
260	260	years that the retiree served in the department and contributed a
261	261	portion of salary as a member of the fund multiplied by the
262	262	retiree's average daily salary as of the date of retirement
263	263	multiplied by 360, if the member has served less than two months
264	264	before the date of retirement.
265	265	SECTION 10. Section 5.09, Chapter 824 (S.B. 817), Acts of
266	266	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
267	267	Vernon's Texas Civil Statutes), is amended by amending Subsection
268	268	(a) and adding Subsection (a-2) to read as follows:
269	269	(a) At or before its regular meeting in the month of March,
270	270	the board annually shall review the Consumer's Price Index for All
271	271	Urban Consumers (CPI-U), U.S. City Average or the nearest
272	272	equivalent published by the United States Bureau of Labor
273	273	Statistics for the preceding calendar year. If that index shows an
274	274	increase during the preceding calendar year in the cost of living as
275	275	compared with that index at the close of the previous year, the
276	276	board shall order an increase of all service, disability, and death
277	277	benefit retirement annuities by a percentage that varies by the
278	278	date of the member's service or disability retirement, or, in the
279	279	case of a member who died before retirement, the date on which the
280	280	member died. If the member's service retirement, disability
281	281	retirement, or death before retirement occurred before August 30,
282	282	1971, the annuity shall be increased by a percentage equal to the
283	283	percentage increase in the cost of living index. If the member's
284	284	service retirement, disability retirement, or death before
285	285	retirement occurred on or after August 30, 1971, but before October
286	286	1, 2003 [1999], or a later date the board may designate under
287	287	Subsection (a-2) of this section, the annuity shall be increased as
288	288	follows: if the percentage increase in the cost of living index is
289	289	eight percent or less, the annuity shall be increased by a
290	290	percentage equal to the percentage increase, and if the percentage
291	291	increase in the cost of living index is more than eight percent, the
292	292	annuity shall be increased by eight percent plus a percentage equal
293	293	to 75 percent of the percentage increase that is more than eight
294	294	percent. If the member's service retirement, disability
295	295	retirement, or death before retirement occurred on or after October
296	296	1, 2003 [1999], or a later date the board may designate under
297	297	Subsection (a-2) of this section, the annuity shall be increased by
298	298	a percentage equal to 75 percent of the percentage increase in the
299	299	cost of living index. A percentage increase in annuities shall be
300	300	rounded to the nearest one-tenth percentage point for a cost of
301	301	living increase.
302	302	(a-2) The board may designate another date for the date
303	303	October 1, 2003, in Subsection (a) of this section, provided that
304	304	the designation will not cause the fund's ratio of actuarial value
305	305	of assets to actuarial accrued liability to be less than 90 percent
306	306	as of the date of the board's action.
307	307	SECTION 11. Section 5.10, Chapter 824 (S.B. 817), Acts of
308	308	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
309	309	Vernon's Texas Civil Statutes), is amended by amending Subsections
310	310	(b), (c), (d), (f), and (j) and adding Subsection (b-1) to read as
311	311	follows:
312	312	(b) A distributee may elect, at the time and in the manner
313	313	prescribed by the board, to have any portion of an eligible rollover
314	314	distribution paid directly to an eligible retirement plan specified
315	315	by the distributee in a direct rollover. [Any member or beneficiary
316	316	who is entitled to receive any distribution that is an eligible
317	317	rollover distribution as defined by Section 402(c)(4) of the code
318	318	is entitled to have that distribution transferred directly to
319	319	another eligible retirement plan of the member's or beneficiary's
320	320	choice on providing direction to the fund regarding that transfer
321	321	in accordance with procedures established by the board.]
322	322	(b-1) For purposes of Subsection (b) of this section:
323	323	(1) "Eligible retirement plan" means an individual
324	324	retirement account described by Section 408(a) of the code, an
325	325	individual retirement annuity described by Section 408(b) of the
326	326	code, an annuity plan described by Section 403(a) of the code, a
327	327	qualified trust described by Section 401(a) of the code, an
328	328	eligible deferred compensation plan described by Section 457(b) of
329	329	the code that is maintained by an eligible employer described by
330	330	Section 457(e)(1)(A) of the code, or an annuity contract described
331	331	by Section 403(b) of the code that accepts the distributee's
332	332	eligible rollover distribution. However, in the case of an
333	333	eligible rollover distribution to a designated beneficiary who is
334	334	not the surviving spouse, or the spouse or former spouse under a
335	335	qualified domestic relations order, an eligible retirement plan is
336	336	an individual retirement account or individual retirement annuity
337	337	only.
338	338	(2) "Eligible rollover distribution" means a
339	339	distribution of all or any portion of the balance to the credit of
340	340	the distributee. The term does not include:
341	341	(A) a distribution that is one of a series of
342	342	substantially equal periodic payments, paid not less frequently
343	343	than once a year, made over the life, or life expectancy, of the
344	344	distributee or the joint lives, or joint life expectancies, of the
345	345	distributee and the distributee's designated beneficiary;
346	346	(B) a series of payments for a specified period
347	347	of 10 years or more;
348	348	(C) a distribution to the extent such
349	349	distribution is required under Section 401(a)(9) of the code; or
350	350	(D) the portion of a distribution that is not
351	351	includable in gross income, unless the distributee directs that the
352	352	eligible rollover distribution be transferred directly to a
353	353	qualified trust that is part of a defined contribution plan that
354	354	agrees to separately account for the portion that is includable in
355	355	gross income and the portion that is not, or to an individual
356	356	retirement account or individual annuity.
357	357	(3) "Direct rollover" means a payment by the
358	358	retirement system to the eligible retirement plan specified by a
359	359	distributee.
360	360	(4) "Distributee" means a member or former member.
361	361	The term includes a member's or former member's surviving spouse or
362	362	designated beneficiary and a member's or former member's spouse or
363	363	former spouse who is the alternate payee under a qualified domestic
364	364	relations order, as defined by Section 414(p) of the code, with
365	365	regard to the interest of the spouse or former spouse.
366	366	(c) The total salary taken into account for any purpose
367	367	under this Act [for any member of the fund] may not exceed the 2009
368	368	annual compensation limitations under Section 401(a)(17) of the
369	369	code, which are $360,000 [$200,000 per year] for an eligible member
370	370	[participant] or $245,000 [$150,000 per year] for an ineligible
371	371	member [participant]. For purposes of this subsection, an eligible
372	372	member is any employee who first became a member in a year
373	373	commencing before 1996 and an ineligible member is any other
374	374	member. The [These] dollar limits shall be [periodically] adjusted
375	375	annually for cost-of-living increases as provided by Section
376	376	401(a)(17) of the code [in accordance with guidelines provided by
377	377	the United States secretary of the treasury. For purposes of this
378	378	subsection, an eligible participant is any person who first became
379	379	a member before 1996, and an ineligible participant is any member
380	380	who is not an eligible participant].
381	381	(d) Accrued benefits under this Act become 100 percent
382	382	vested for a member on the earlier of:
383	383	(1) the date the member has completed 20 years of
384	384	service;
385	385	(2) the earlier termination or partial termination of
386	386	the pension plan created by this Act, if it affects the member; [or]
387	387	(3) the complete discontinuance of contributions by
388	388	the municipality to the fund; or
389	389	(4) the date the member attains normal retirement age.
390	390	(f) Distribution of benefits must begin not later than April
391	391	1 of the year following the later of the calendar year in [during]
392	392	which the member becomes 70-1/2 years of age, or the calendar year
393	393	in which the employee retires, and must otherwise conform to
394	394	Section 401(a)(9) of the code and the regulations under that
395	395	section of the code, including the incidental benefit rule.
396	396	(j) Notwithstanding any other provision of this Act, the
397	397	limit on maximum benefits imposed by Section 415 of the code and
398	398	Subsection (a) of this section shall be adjusted each year to the
399	399	extent permitted by cost-of-living increases announced by the
400	400	secretary of the treasury under Section 415(d) of the code and
401	401	applicable law. Any such benefit increases shall apply to members
402	402	who have terminated employment, including members who have begun
403	403	receiving benefits before the effective date of the change, and any
404	404	benefits previously denied. Benefits paid to make up for benefits
405	405	previously denied are not considered to be extra compensation
406	406	earned after retirement, but shall be considered the delayed
407	407	payment of benefits earned before retirement. [To the extent
408	408	permitted by law, the board may adjust the benefits of retired
409	409	members and beneficiaries by increasing any retirement benefit that
410	410	was reduced because of Section 415 of the code. If Section 415 of
411	411	the code is amended to permit the payment of amounts previously
412	412	precluded under Section 415 of the code, the board may adjust the
413	413	benefits of retired members and beneficiaries, including the
414	414	restoration of benefits previously denied. Benefits paid under
415	415	this subsection are not considered as extra compensation earned
416	416	after retirement but as the delayed payment of benefits earned
417	417	before retirement.]
418	418	SECTION 12. Sections 6.02(a) and (g), Chapter 824 (S.B.
419	419	817), Acts of the 73rd Legislature, Regular Session, 1993 (Article
420	420	6243o, Vernon's Texas Civil Statutes), are amended to read as
421	421	follows:
422	422	(a) Subject to Section 6.03 of this Act and the provisions
423	423	of this section, if a member or retiree receiving a disability
424	424	pension under Section 5.04(a) [5.03(a)] of this Act dies leaving a
425	425	surviving spouse or at least one dependent child, the surviving
426	426	spouse and the children are entitled to receive from the fund an
427	427	aggregate death benefit annuity, computed and payable from the date
428	428	of the member's death. The surviving spouse may elect the annuity
429	429	in an amount that is equal to [either]:
430	430	(1) 50 percent of the member's average total salary, if
431	431	the surviving spouse is the surviving spouse of a disability
432	432	retiree who was awarded a disability pension before October 1,
433	433	2015; [or]
434	434	(2) 47.5 percent of the member's average total salary;
435	435	or
436	436	(3) the same percentage of the member's average total
437	437	salary that the member would have been entitled to receive as a
438	438	retirement annuity if the member could have retired on the date of
439	439	death.
440	440	(g) A child who is adopted after the date of retirement of
441	441	the member is not entitled to a death benefit under this Act. A
442	442	child who is born after the date of retirement of the member is not
443	443	entitled to a death benefit annuity under this Act unless the
444	444	retiree was married to the other parent of the child on the date of
445	445	retirement. A surviving spouse of a retiree whose status as a
446	446	surviving spouse resulted from a marriage after the date of the
447	447	retirement of the retiree is entitled to receive only the benefits,
448	448	if any, provided under Subsection (g-1) of this section or Section
449	449	6.08 of this Act.
450	450	SECTION 13. Section 6.06, Chapter 824 (S.B. 817), Acts of
451	451	the 73rd Legislature, Regular Session, 1993 (Article 6243o,
452	452	Vernon's Texas Civil Statutes), is amended to read as follows:
453	453	Sec. 6.06. COMMON-LAW MARRIAGES. Common-law marriages are
454	454	not recognized under this Act and benefits may not be conferred on
455	455	common-law spouses as beneficiaries unless a declaration of
456	456	informal marriage was made and recorded under Sections 2.402 and
457	457	2.404, Family Code, [and their subsequent amendments,] or any
458	458	successor statutes, before the member's death. The date the
459	459	declaration of informal marriage is recorded is the date of
460	460	marriage for the purpose of determining whether any benefit is to be
461	461	awarded to a surviving common-law spouse as a beneficiary.
462	462	SECTION 14. This Act takes effect October 1, 2015.