1 | 1 | | 89R15299 RDR-F |
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2 | 2 | | By: Metcalf H.B. No. 4534 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to death benefits provided under certain police officer |
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10 | 10 | | retirement systems. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. The heading of Section 6.05, Chapter 452 (S.B. |
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13 | 13 | | 738), Acts of the 72nd Legislature, Regular Session, 1991 (Article |
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14 | 14 | | 6243n-1, Vernon's Texas Civil Statutes), is amended to read as |
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15 | 15 | | follows: |
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16 | 16 | | Sec. 6.05. DEATH OF A MEMBER; TREATMENT OF ACCUMULATED |
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17 | 17 | | DEPOSITS; LUMP SUM DEATH BENEFITS. |
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18 | 18 | | SECTION 2. Section 6.05, Chapter 452 (S.B. 738), Acts of the |
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19 | 19 | | 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's |
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20 | 20 | | Texas Civil Statutes), is amended by amending Subsection (c) and |
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21 | 21 | | adding Subsection (d) to read as follows: |
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22 | 22 | | (c) In the event of death of a retired member [receiving a |
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23 | 23 | | retirement benefit], the sum of $10,000 shall be payable in a lump |
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24 | 24 | | sum to the retired member's beneficiary or, if no beneficiary, to |
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25 | 25 | | the retired member's estate, unless the retired member shall have |
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26 | 26 | | directed otherwise in writing, duly acknowledged and filed with the |
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27 | 27 | | board. The payment under this subsection shall be made from the |
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28 | 28 | | [retiree] death benefit [benefits] fund described in Section 6.08 |
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29 | 29 | | of this Act. |
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30 | 30 | | (d) In the event of the death of a member who dies as the |
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31 | 31 | | direct and proximate result of a personal injury associated with a |
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32 | 32 | | single event and sustained in the performance of a member's |
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33 | 33 | | employment duties with the police department of the city, the sum of |
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34 | 34 | | $1,000,000 shall be payable in a lump sum to the member's surviving |
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35 | 35 | | spouse, or if the member has no surviving spouse, to the member's |
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36 | 36 | | surviving children. If the member has no surviving spouse or |
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37 | 37 | | surviving children at the time of the member's death, the benefit |
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38 | 38 | | provided under this subsection shall be payable to the member's |
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39 | 39 | | estate. If a member has more than one surviving child that is |
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40 | 40 | | entitled to the benefit provided under this subsection, the benefit |
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41 | 41 | | shall be split equally between each of the member's surviving |
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42 | 42 | | children. The payment under this subsection shall be made from the |
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43 | 43 | | death benefit fund described in Section 6.08 of this Act. |
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44 | 44 | | SECTION 3. Section 6.08, Chapter 452 (S.B. 738), Acts of the |
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45 | 45 | | 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's |
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46 | 46 | | Texas Civil Statutes), is amended to read as follows: |
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47 | 47 | | Sec. 6.08. [RETIREE] DEATH BENEFIT FUND. (a) The police |
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48 | 48 | | retirement board shall establish a [retiree] death benefit fund and |
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49 | 49 | | shall deposit in such fund contributions paid by the city to provide |
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50 | 50 | | [retiree] death benefits in accordance with this section. The |
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51 | 51 | | board may, but is not required to, credit interest to the [retiree] |
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52 | 52 | | death benefit fund annually at such rate as the board may determine. |
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53 | 53 | | (b) The police retirement system shall pay death benefits |
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54 | 54 | | under Sections [Section] 6.05(c) and (d) of this Act only from money |
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55 | 55 | | in the [retiree] death benefit fund, and the benefits are not an |
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56 | 56 | | obligation of other funds of the retirement system. |
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57 | 57 | | (c) Based upon the recommendation of the system's actuary, |
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58 | 58 | | the board shall adopt such rates and tables as are considered |
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59 | 59 | | necessary to determine the [retiree] death benefit fund |
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60 | 60 | | contribution rate of the city. At the same time as the actuary |
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61 | 61 | | makes a valuation of the assets and liabilities of the system |
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62 | 62 | | pursuant to Section 3.09 of this Act, the actuary shall also make an |
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63 | 63 | | actuarial valuation of the assets and liabilities of the [retiree] |
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64 | 64 | | death benefit fund, and upon recommendation by the actuary, the |
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65 | 65 | | board shall adjust the rates and tables for the [retiree] death |
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66 | 66 | | benefit fund. |
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67 | 67 | | (d) If at any time the amount of payments due from the |
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68 | 68 | | [retiree] death benefit fund exceeds the balance of such fund, the |
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69 | 69 | | board may direct that funds be transferred from the general |
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70 | 70 | | retirement fund to the [retiree] death benefit fund in such amounts |
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71 | 71 | | as are necessary to cover the deficiency. Any sums transferred to |
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72 | 72 | | the [retiree] death benefit fund under this subsection shall be |
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73 | 73 | | repaid to the general retirement fund of the retirement system from |
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74 | 74 | | the death benefit fund with [at such time as] subsequent |
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75 | 75 | | contributions by the city on a schedule and in a manner determined |
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76 | 76 | | by the system [have resulted in the accumulation of a sufficient |
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77 | 77 | | amount in the retiree death benefit fund for such a repayment] to be |
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78 | 78 | | [appear] prudent. The actuary of the system shall adjust the rates |
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79 | 79 | | and tables described in Subsection (c) to reflect this repayment. |
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80 | 80 | | (e) Contributions by the city to the [retiree] death benefit |
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81 | 81 | | fund shall be made at the same time as the city makes its |
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82 | 82 | | contribution to the retirement system under Section 8.01 of this |
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83 | 83 | | Act, and the amount of the city's contribution under Section 8.01 of |
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84 | 84 | | this Act each pay period shall be reduced by the amount of the |
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85 | 85 | | city's contribution to the [retiree] death benefit fund for that |
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86 | 86 | | same pay period. |
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87 | 87 | | SECTION 4. This Act takes effect immediately if it receives |
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88 | 88 | | a vote of two-thirds of all the members elected to each house, as |
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89 | 89 | | provided by Section 39, Article III, Texas Constitution. If this |
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90 | 90 | | Act does not receive the vote necessary for immediate effect, this |
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91 | 91 | | Act takes effect September 1, 2025. |
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