Texas 2023 - 88th Regular

Texas House Bill HB4034 Compare Versions

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1	1	H.B. No. 4034
2	2
3	3
4	4	AN ACT
5	5	relating to certain disability and death benefits payable by the
6	6	public retirement systems for police and fire fighters in certain
7	7	municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the David Walters Act.
10	10	SECTION 2. Section 6.04(f), Article 6243a-1, Revised
11	11	Statutes, is amended to read as follows:
12	12	(f) Subject to Subsections (f-1), (f-3), and (g) of this
13	13	section, the disability pension of a Group B member shall be
14	14	calculated as follows:
15	15	(1) for a member who began active service before March
16	16	1, 2011, the member's disability pension shall be the sum of:
17	17	(A) the member's number of years of pension
18	18	service earned before September 1, 2017, prorated for fractional
19	19	years, times three percent of the average computation pay
20	20	determined over the 36 consecutive months of pension service in
21	21	which the member received the highest computation pay; plus
22	22	(B) the number of years of pension service,
23	23	including pension service credit imputed under Section 6.05(c) of
24	24	this article, earned on or after September 1, 2017, prorated for
25	25	fractional years, times 2.5 percent [the applicable percentage
26	26	prescribed by Section 6.02(b-1) of this article] of the average
27	27	computation pay determined over the 60 consecutive months of
28	28	pension service in which the member received the highest
29	29	computation pay; or
30	30	(2) for a member who began active service on or after
31	31	March 1, 2011, the member's disability pension shall be the number
32	32	of years of pension service, including pension service credit
33	33	imputed under Section 6.05(c) of this article, prorated for
34	34	fractional years, times 2.5 percent of the average computation pay
35	35	determined over the 60 consecutive months of pension service in
36	36	which the member received the highest computation pay.
37	37	SECTION 3. Section 6.08, Article 6243a-1, Revised Statutes,
38	38	is amended by amending Subsections (b) and (b-2) and adding
39	39	Subsections (b-4) and (b-5) to read as follows:
40	40	(b) Subject to Subsection (b-2) of this section, death
41	41	benefits shall be computed as follows for the qualified survivors
42	42	of Group B members who die while on active service:
43	43	(1) the death benefit of a qualified survivor who is
44	44	the spouse of a member who began active service:
45	45	(A) before March 1, 2011, shall be the sum of:
46	46	(i) the number of years of pension service
47	47	earned before September 1, 2017, prorated for fractional years,
48	48	times, except as provided by Subsection (b-4) of this section, 1.5
49	49	percent of the average computation pay determined over the 36
50	50	consecutive months of pension service in which the Group B member
51	51	received the highest computation pay; plus
52	52	(ii) the number of years of pension
53	53	service, including pension service credit imputed under Section
54	54	6.05(c) of this article, after September 1, 2017, prorated for
55	55	fractional years, times, except as provided by Subsection (b-4) of
56	56	this section, 1.25 percent [the applicable percentage rate set
57	57	forth below] of the average computation pay determined over the 60
58	58	consecutive months of pension service in which the Group B member
59	59	received the highest computation pay[:
60	60	[Age of Member When Retirement Pension Begins Percent [Age of Member When Retirement Pension Begins Percent
61	61	[Age of Member When Retirement Pension Begins Percent
62	62	[58 and older 1.25% [58 and older 1.25%
63	63	[58 and older 1.25%
64	64	[57 1.2% [57 1.2%
65	65	[57 1.2%
66	66	[56 1.15% [56 1.15%
67	67	[56 1.15%
68	68	[55 1.10% [55 1.10%
69	69	[55 1.10%
70	70	[54 1.05% [54 1.05%
71	71	[54 1.05%
72	72	[53 and younger 1.0%]; or [53 and younger 1.0%]; or
73	73	[53 and younger 1.0%]; or
74	74	(B) on or after March 1, 2011, shall be the number
75	75	of years of pension service, including pension service imputed
76	76	under Section 6.05(c) of this article, prorated for fractional
77	77	years, times, except as provided by Subsection (b-4) of this
78	78	section, 1.25 percent of the average computation pay determined
79	79	over the 60 consecutive months of pension service in which the Group
80	80	B member received the highest computation pay;
81	81	(2) the death benefit of qualified survivors who are a
82	82	member's children shall be computed in the same manner as a spouse's
83	83	benefit is computed under Subdivision (1)(A) or (B) of this
84	84	subsection, as applicable, and shall be divided equally among all
85	85	of the children who are qualified survivors; and
86	86	(3) the death benefit of each qualified survivor who
87	87	is a member's dependent parent shall be computed in the same manner
88	88	as a spouse's Group B benefit is computed under Subdivision (1)(A)
89	89	or (B) of this subsection, as applicable.
90	90	(b-2) The death benefit calculated under Subsection (b) of
91	91	this section may not exceed the greater of:
92	92	(1) except as provided by Subsection (b-4) of this
93	93	section, 45 percent of the member's average computation pay
94	94	determined over the 36 or 60 consecutive months, as applicable, in
95	95	which the Group B member received the highest computation pay; or
96	96	(2) the vested and accrued death benefit as determined
97	97	on August 31, 2017.
98	98	(b-4) If a member dies in the line of duty, as determined by
99	99	the board under Subsection (b-5) of this section, the percentage
100	100	rate applied to the member's average computation pay under:
101	101	(1) Subsection (b)(1)(A)(i) of this section is 3
102	102	percent instead of 1.5 percent at such time as there are qualified
103	103	survivors who are either the member's children or surviving spouse,
104	104	but not both;
105	105	(2) Subsection (b)(1)(A)(ii) of this section is 2.5
106	106	percent instead of 1.25 percent at such time as there are qualified
107	107	survivors who are either the member's children or surviving spouse,
108	108	but not both;
109	109	(3) Subsection (b)(1)(B) of this section is 2.5
110	110	percent instead of 1.25 percent at such time as there are qualified
111	111	survivors who are either the member's children or surviving spouse,
112	112	but not both; and
113	113	(4) Subsection (b-2)(1) is 90 percent instead of 45
114	114	percent.
115	115	(b-5) A member is considered to have died in the line of duty
116	116	if the member's death is caused by the performance of the member's
117	117	duties for the member's department. The board shall determine
118	118	whether a member died in the line of duty. In making a determination
119	119	under this subsection, the board may consider as guidance the
120	120	determination of the same or similar issue made by another
121	121	governmental entity.
122	122	SECTION 4. Section 6.04(f), Article 6243a-1, Revised
123	123	Statutes, as amended by this Act, applies only to a disability
124	124	pension for which an application is filed on or after the effective
125	125	date of this Act. A disability pension for which an application is
126	126	filed before the effective date of this Act is governed by the law
127	127	in effect immediately before the effective date of this Act, and the
128	128	former law is continued in effect for that purpose.
129	129	SECTION 5. (a) In this section, "board" and "member" have
130	130	the meanings assigned by Section 2.01, Article 6243a-1, Revised
131	131	Statutes.
132	132	(b) Subject to Subsection (c) of this section, Section 6.08,
133	133	Article 6243a-1, Revised Statutes, as amended by this Act, applies
134	134	only to a death benefit payable on or after the effective date of
135	135	this Act.
136	136	(c) If a member died in the line of duty before September 1,
137	137	2023, as determined by the board in accordance with Section
138	138	6.08(b-5), Article 6243a-1, Revised Statutes, as added by this Act,
139	139	the death benefit payable on or after September 1, 2023, to the
140	140	member's surviving spouse or children shall be adjusted in
141	141	accordance with Section 6.08(b-4), Article 6243a-1, Revised
142	142	Statutes, as added by this Act, as applicable. The surviving spouse
143	143	or children of a member described by this subsection are not
144	144	entitled to payment of any adjusted benefits relating to death
145	145	benefits paid before September 1, 2023.
146	146	SECTION 6. This Act takes effect September 1, 2023.
147	147	______________________________ ______________________________
148	148	President of the Senate Speaker of the House
149	149	I certify that H.B. No. 4034 was passed by the House on May 2,
150	150	2023, by the following vote: Yeas 140, Nays 4, 3 present, not
151	151	voting; and that the House concurred in Senate amendments to H.B.
152	152	No. 4034 on May 24, 2023, by the following vote: Yeas 144, Nays 0,
153	153	1 present, not voting.
154	154	______________________________
155	155	Chief Clerk of the House
156	156	I certify that H.B. No. 4034 was passed by the Senate, with
157	157	amendments, on May 18, 2023, by the following vote: Yeas 30, Nays
158	158	1.
159	159	______________________________
160	160	Secretary of the Senate
161	161	APPROVED: __________________
162	162	Date
163	163	__________________
164	164	Governor
165	165
166	166	[Age of Member When Retirement Pension Begins Percent
167	167
168	168	[58 and older 1.25%
169	169
170	170	[57 1.2%
171	171
172	172	[56 1.15%
173	173
174	174	[55 1.10%
175	175
176	176	[54 1.05%
177	177
178	178	[53 and younger 1.0%]; or