89R24464 RDR-F
By: Metcalf H.B. No. 4534
Substitute the following for H.B. No. 4534:
By: Bumgarner C.S.H.B. No. 4534
A BILL TO BE ENTITLED
AN ACT
relating to certain death benefits for peace officers under public
retirement systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 810, Government Code, is amended by
adding Section 810.007 to read as follows:
Sec. 810.007. LUMP-SUM DEATH BENEFIT FOR PEACE OFFICERS.
(a) In this section, "governing body of a public retirement system"
and "public retirement system" have the meanings assigned by
Section 802.001.
(b) Notwithstanding any other law, the governing body of a
public retirement system by rule may provide a death benefit in the
event of the death of an active member of the system who is a peace
officer and who dies as the direct and proximate result of a
personal injury associated with a single event and sustained in the
performance of a member's employment duties as a peace officer.
(c) The death benefit under Subsection (b) is payable in a
lump sum not to exceed $1,000,000 to the member's surviving spouse,
or if the member has no surviving spouse, to the member's surviving
children. If the member has no surviving spouse or surviving
children at the time of the member's death, the benefit is payable
to the member's estate. If a member has more than one surviving
child who is entitled to the benefit, the benefit must be split
equally between each of the member's surviving children.
(d) The rule adopted under Subsection (b) must:
(1) require the governing body of a public retirement
system to ensure, after consulting with the system's actuary, that
payment of the death benefit would not threaten the actuarial
soundness of the system; and
(2) prohibit the system from paying the benefit if
paying the benefit would threaten the actuarial soundness of the
system.
(e) If the public retirement system does not employ an
actuary, the system may contract with an actuary for purposes of
Subsection (d).
(f) If the governing body of a public retirement system
adopts a death benefit under Subsection (b), the governing body
shall revise the system's plan documents as necessary to ensure
that the system's benefit plan remains a qualified plan under
Section 401(a), Internal Revenue Code of 1986.
SECTION 2. Section 810.007, Government Code, as added by
this Act, applies only to a death occurring on or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.