BILL ANALYSIS Senate Research Center S.B. 1071 87R8549 KFF-D By: Hinojosa Finance 4/21/2021 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Unlike the military, there is not a medical retirement for which Schedule C employees would qualify should they sustain a permanently disabling injury in the line of duty. Concerns have been raised that families of permanently disabled peace officers are struggling to keep up financially when caring for their loved ones. S.B. 1071 creates an injury benefit for Schedule C peace officers who are permanently disabled in the line of duty and provides a salary and insurance, just as if they had retired from the State of Texas. S.B. 1071 amends the Government Code to allow a peace officer who is rendered permanently disabled in the line of duty to receive a monthly amount based on the maximum salary authorized for their position classification salary schedule. As proposed, S.B. 1071 amends current law relating to disability retirement benefits for certain peace officers under the Employees Retirement System of Texas. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 814.207(e), Government Code, as follows: (e) Requires the Employees Retirement System of Texas (ERS), if a retiring member or retiree under this section presents evidence satisfactory to ERS that the person's occupational disability makes the person incapable of substantial gainful activity solely because of the disability and is considered a total disability under federal social security law, to increase the person's occupational disability retirement annuity to a monthly amount computed based on the maximum salary authorized under Schedule C of the position classification salary schedule prescribed by the General Appropriations Act, as adjusted from time to time, rather than 100 percent of the officer's average monthly compensation. SECTION 2. (a) Requires ERS, subject to Subsection (b) (relating to the computed amount of occupational disability retirement for peace officers) of Section 814.207 (Disability Retirement Benefits for Certain Peace Officers), to recompute an annuity that first became payable before September 1, 2021, as though Section 814.207(e), Government Code, as amended by this Act, was in effect on the date the increased annuity first became payable. (b) Provides that the first payment of an annuity recomputed under Subsection (a) of this section is payable on the first payment date occurring on or after the effective date of this Act. SECTION 3. Effective date: September 1, 2021.
BILL ANALYSIS
Senate Research Center S.B. 1071
87R8549 KFF-D By: Hinojosa
Finance
4/21/2021
As Filed
Senate Research Center
S.B. 1071
87R8549 KFF-D
By: Hinojosa
Finance
4/21/2021
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Unlike the military, there is not a medical retirement for which Schedule C employees would qualify should they sustain a permanently disabling injury in the line of duty. Concerns have been raised that families of permanently disabled peace officers are struggling to keep up financially when caring for their loved ones. S.B. 1071 creates an injury benefit for Schedule C peace officers who are permanently disabled in the line of duty and provides a salary and insurance, just as if they had retired from the State of Texas.
S.B. 1071 amends the Government Code to allow a peace officer who is rendered permanently disabled in the line of duty to receive a monthly amount based on the maximum salary authorized for their position classification salary schedule.
As proposed, S.B. 1071 amends current law relating to disability retirement benefits for certain peace officers under the Employees Retirement System of Texas.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 814.207(e), Government Code, as follows:
(e) Requires the Employees Retirement System of Texas (ERS), if a retiring member or retiree under this section presents evidence satisfactory to ERS that the person's occupational disability makes the person incapable of substantial gainful activity solely because of the disability and is considered a total disability under federal social security law, to increase the person's occupational disability retirement annuity to a monthly amount computed based on the maximum salary authorized under Schedule C of the position classification salary schedule prescribed by the General Appropriations Act, as adjusted from time to time, rather than 100 percent of the officer's average monthly compensation.
SECTION 2. (a) Requires ERS, subject to Subsection (b) (relating to the computed amount of occupational disability retirement for peace officers) of Section 814.207 (Disability Retirement Benefits for Certain Peace Officers), to recompute an annuity that first became payable before September 1, 2021, as though Section 814.207(e), Government Code, as amended by this Act, was in effect on the date the increased annuity first became payable.
(b) Provides that the first payment of an annuity recomputed under Subsection (a) of this section is payable on the first payment date occurring on or after the effective date of this Act.
SECTION 3. Effective date: September 1, 2021.