Texas 2023 - 88th Regular

Texas Senate Bill SB2416 Compare Versions

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1	1	88R12602 KFF-F
2	2	By: Johnson S.B. No. 2416
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain disability and death benefits payable by the
8	8	public retirement systems for police and fire fighters in certain
9	9	municipalities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 6.04(f), Article 6243a-1, Revised
12	12	Statutes, is amended to read as follows:
13	13	(f) Subject to Subsections (f-1), (f-3), and (g) of this
14	14	section, the disability pension of a Group B member shall be
15	15	calculated as follows:
16	16	(1) for a member who began active service before March
17	17	1, 2011, the member's disability pension shall be the sum of:
18	18	(A) the member's number of years of pension
19	19	service earned before September 1, 2017, prorated for fractional
20	20	years, times three percent of the average computation pay
21	21	determined over the 36 consecutive months of pension service in
22	22	which the member received the highest computation pay; plus
23	23	(B) the number of years of pension service,
24	24	including pension service credit imputed under Section 6.05(c) of
25	25	this article, earned on or after September 1, 2017, prorated for
26	26	fractional years, times 2.5 percent [the applicable percentage
27	27	prescribed by Section 6.02(b-1) of this article] of the average
28	28	computation pay determined over the 60 consecutive months of
29	29	pension service in which the member received the highest
30	30	computation pay; or
31	31	(2) for a member who began active service on or after
32	32	March 1, 2011, the member's disability pension shall be the number
33	33	of years of pension service, including pension service credit
34	34	imputed under Section 6.05(c) of this article, prorated for
35	35	fractional years, times 2.5 percent of the average computation pay
36	36	determined over the 60 consecutive months of pension service in
37	37	which the member received the highest computation pay.
38	38	SECTION 2. Section 6.08, Article 6243a-1, Revised Statutes,
39	39	is amended by amending Subsections (b) and (b-2) and adding
40	40	Subsections (b-4) and (b-5) to read as follows:
41	41	(b) Subject to Subsection (b-2) of this section, death
42	42	benefits shall be computed as follows for the qualified survivors
43	43	of Group B members who die while on active service:
44	44	(1) the death benefit of a qualified survivor who is
45	45	the spouse of a member who began active service:
46	46	(A) before March 1, 2011, shall be the sum of:
47	47	(i) the number of years of pension service
48	48	earned before September 1, 2017, prorated for fractional years,
49	49	times, except as provided by Subsection (b-4) of this section, 1.5
50	50	percent of the average computation pay determined over the 36
51	51	consecutive months of pension service in which the Group B member
52	52	received the highest computation pay; plus
53	53	(ii) the number of years of pension
54	54	service, including pension service credit imputed under Section
55	55	6.05(c) of this article, after September 1, 2017, prorated for
56	56	fractional years, times, except as provided by Subsection (b-4) of
57	57	this section, 1.25 percent [the applicable percentage rate set
58	58	forth below] of the average computation pay determined over the 60
59	59	consecutive months of pension service in which the Group B member
60	60	received the highest computation pay[:
61	61	[Age of Member When Retirement Pension Begins Percent [Age of Member When Retirement Pension Begins Percent
62	62	[Age of Member When Retirement Pension Begins Percent
63	63	[58 and older 1.25% [58 and older 1.25%
64	64	[58 and older 1.25%
65	65	[57 1.2% [57 1.2%
66	66	[57 1.2%
67	67	[56 1.15% [56 1.15%
68	68	[56 1.15%
69	69	[55 1.10% [55 1.10%
70	70	[55 1.10%
71	71	[54 1.05% [54 1.05%
72	72	[54 1.05%
73	73	[53 and younger 1.0%]; or [53 and younger 1.0%]; or
74	74	[53 and younger 1.0%]; or
75	75	(B) on or after March 1, 2011, shall be the number
76	76	of years of pension service, including pension service imputed
77	77	under Section 6.05(c) of this article, prorated for fractional
78	78	years, times, except as provided by Subsection (b-4) of this
79	79	section, 1.25 percent of the average computation pay determined
80	80	over the 60 consecutive months of pension service in which the Group
81	81	B member received the highest computation pay;
82	82	(2) the death benefit of qualified survivors who are a
83	83	member's children shall be computed in the same manner as a spouse's
84	84	benefit is computed under Subdivision (1)(A) or (B) of this
85	85	subsection, as applicable, and shall be divided equally among all
86	86	of the children who are qualified survivors; and
87	87	(3) the death benefit of each qualified survivor who
88	88	is a member's dependent parent shall be computed in the same manner
89	89	as a spouse's Group B benefit is computed under Subdivision (1)(A)
90	90	or (B) of this subsection, as applicable.
91	91	(b-2) The death benefit calculated under Subsection (b) of
92	92	this section may not exceed the greater of:
93	93	(1) except as provided by Subsection (b-4) of this
94	94	section, 45 percent of the member's average computation pay
95	95	determined over the 36 or 60 consecutive months, as applicable, in
96	96	which the Group B member received the highest computation pay; or
97	97	(2) the vested and accrued death benefit as determined
98	98	on August 31, 2017.
99	99	(b-4) If a member dies in the line of duty, as determined by
100	100	the board under Subsection (b-5) of this section, the percentage
101	101	rate applied to the member's average computation pay under:
102	102	(1) Subsection (b)(1)(A)(i) of this section is 3
103	103	percent instead of 1.5 percent at such time as there are qualified
104	104	survivors who are either the member's children or surviving spouse,
105	105	but not both;
106	106	(2) Subsection (b)(1)(A)(ii) of this section is 2.5
107	107	percent instead of 1.25 percent at such time as there are qualified
108	108	survivors who are either the member's children or surviving spouse,
109	109	but not both;
110	110	(3) Subsection (b)(1)(B) of this section is 2.5
111	111	percent instead of 1.25 percent at such time as there are qualified
112	112	survivors who are either the member's children or surviving spouse,
113	113	but not both; and
114	114	(4) Subsection (b-2)(1) is 90 percent instead of 45
115	115	percent.
116	116	(b-5) A member is considered to have died in the line of duty
117	117	if the member's death is caused by the performance of the member's
118	118	duties for the member's department. The board shall determine
119	119	whether a member died in the line of duty. In making a determination
120	120	under this subsection, the board may consider as guidance the
121	121	determination of the same or similar issue made by another
122	122	governmental entity.
123	123	SECTION 3. The changes in law made by this Act apply only to
124	124	a disability pension or death benefit for which an application is
125	125	filed on or after the effective date of this Act. A disability
126	126	pension or death benefit for which an application is filed before
127	127	the effective date of this Act is governed by the law in effect
128	128	immediately before the effective date of this Act, and the former
129	129	law is continued in effect for that purpose.
130	130	SECTION 4. This Act takes effect September 1, 2023.
131	131
132	132	[Age of Member When Retirement Pension Begins Percent
133	133
134	134	[58 and older 1.25%
135	135
136	136	[57 1.2%
137	137
138	138	[56 1.15%
139	139
140	140	[55 1.10%
141	141
142	142	[54 1.05%
143	143
144	144	[53 and younger 1.0%]; or